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DUKE 

UNIVERSITY 

LIBRARY 


Treasure  %oom 


.^ii 


BY    AUTHORITY    OF   CONGRESS, 


THE 


STATUTES  AT  LARGE 


OF    THE 


PROVISIONAL   GOVERNMENT 


OF    THE 


Confederate  States  of  America, 

FROM    THE 

INSTITUTION   OF    THE    GOVERNMENT,  FEBRUARY   8,    1861,   TO 
ITS  TERMINATION,  FEBRUARY  18,  1862,  INCLUSIVE. 

ARRANGED  IN  CHRONOLOGICAL  ORDER. 

TOGETHER     WITH 

THE  CONSTITUTION  FOR  THE  PROVISIONAL  GOVERNMENT 

AND  THE  PERMANENT  CONSTITUTION  OF 

THE  CONFEDERATE  STATES, 

AND 

THE  TREATIES  CONCLUDED   BY  THE  CONFEDERATE 
STATES  WITH  INDIAN  TRIB^| 

/  (p  ^^   2- 


EDITED    BT 

JAMES   M.    MATTHEWS 

ATTORNEY    AT    LAW, 

AND  LiW  CLEBK  HT  THB  DKPARTMBNT  OF  JD3TI0B. 


RICHMOND: 

R.  M.  SMITH,  PRINTER  TO  CONGRES&. 
1864 


TABLE  OF  CONTENTS. 


*  PAGE. 

I.  List  of  acts  and  resolutions,  proclamations  and  treaties, v 

II.  Constitution  for  the  Provisional  Government  of  the  Confederate  Sta'es 1 

III.  Permanent  Constitution  of  tlie  Confederate  States. 11 

IV.  Acts  passed  by  the  Provisional  Congress 27 

V.  Proclamation  of  the  President 219 

VI.  Indian  Treaties 280 

VII.  Index 413 


/6  2-  a  ^ 


LIST 


OF   THE 


PUBLIC   ACTS   AND   RESOLUTIONS 

« 
•OF    THE 

PROVISIONAL  CONGRESS, 

AND  OF  THE  PROCLAMATIONS   AND  TREATIES 

CONTAINED  IN  THIS  VOLUME. 


^ct0  of    ti)£  |3roDi9ional  (Hongrcss  of  t!)c  (!Ionfchrat£  States, 

STATUTE  I.— 1861. 

PA6F. 

An  Act  to  continue  in  force  certain  laws  of  the  United  States  of  America.     February  0,  1S61,  ob.  1..  27 
An  Act  to  continue  in  office  the  ofiSeers  connected  with  the  coUcctiouof  the  customs  in  the  Confederate 

States  of  America.     February  14.  18t>l,  ch.  2 •• 27 

An  Act  to  exempt  from  duty  certain  commodities  therein  named,  and  for  other  purposes.     February 

18,  1861,  ch.  ?, 28 

An  Act  to  provide  munitions  of  war,  and  for  other  purposes.     Febru.ary  2'),  1861,  ch.  4 28 

An  Act  to  authori/o  the  President  to  appoint  a  Private  Secretary.     Feb.  20,  1861,  ch.  5 29 

An  Act  to  determine  the  salaries  of  the   Vice-President  and  of  the  heads  of  Departments.     February 

21,  1861,  ch.  6, 29 

An  Act  to  organize  the  Department  of  State.     February  21,  1861,  ch.  7 ^^ 

An  Act  to  establish  the  Treasury  Department.     February  21,  1861,ch.  8, S<J 

An  Act  to  e.-tablish  the  War  Department.     February  21.  1861,  ch.  9 3- 

Au  Act  to  establish  the  Navy  Department.     February  21.  ISOl,  ch.  10 33 

An  Act  to  establish  the  Post-Offico  Department.     February  21,  1861,  ch.  11 ▼^S 

An  Act  to  orRunize  .and  establish  an  Executive  Department,  to  bo  kuowu   as  the  Department  of  Jus- 
tice.    February  21,  1861,  ch.  12 33 

An  Act  to  prescrilje  the  rates  of  postage  in  the  Confederate  States  of  America  and  for  other  purposes. 

February  21?,  1861,  ch.  13 „ '^* 

An  Act  to  declare  and  establish  the  free  navigation  of  the  Mississippi  river.     Feb.  26,  1861,  cb.  14 36 

An  Act  to  modify  the  navigation  laws  and  repeal  discriminating  duties  on  ships  or  vessels.     February 

26,  1861,  ch.  15 » 38 

Vn  Act  to  define  more  accurately  the  exemption  of  certain  goods  from  duty.     Feb.  26, 1861,  oh.  16 -"'S 

■1  Act  for  the   establishment   and    organization  of  a   general  staff  for  the   army  of  the   Confederate. 

States.     B'ebruary  2n.  1861.  ch.  17 •^" 

\n  Ast  in  relation  to  public  printing.     February  27,  1861,  ch.  18 

At!  Act  to  authorize  the  Secretary  of  State  to  appoint  an  ag.^istant.     Ftbrnary  27,  1861,  ch.  19 4- 

An  Act  to  authorize  the  Secretary  of  the  Treasury  to  establish   additional   ports  and   places  of  entry 

and  delivery,  and  appoint  officers  therefor.    February  28,  1801,  ch.  20 42 


vi  LIST  OF  THE   PUBLIC  ACTS  OF   CONGRESS. 

PAGE. 

A  a  Act  to  raise  money  for  the  support"  of  the  government,  and  to  provide  for  the  defence  of  the  Con- 

fedente  States  of  America.-   February  28,  1861,  eh.  21 42 

An  Act  to   raise   provisional  forces  for  the   Confederate  States  of  America,  and   for  other  purposes. 

February  28,  1861,  ch.  22 4'! 

An  Act  supplemental  to  an  act  to  regulate  the  rates  of  postage,  and  for  other  purposes.     March  1, 

1861,  ch.  2.3 ■i'i 

An  Act  to  admit  Te."ca«  as  a  member  of  the  Confederate  States  of  America.     M  irch  2, 1861,  ch.  24  ....     4i 

An  Act  to  repeal  so  much  of  the  Laws  of  the  Confederate  States  of  America  as  prohibit  the  introduc- 
tion of  liquors,  except  in  casks  or  vessels  of  or  above  certain  named  capacity,  and  for  other  pur- 
poses.    3Ia.-ch  5,  ISlil,  oh.  25 41 

An  Act  to  provide  for  the  public  defence.     March  6,  18C1,  ch.  26 45 

An  Act  to  provide  for  the  registration  of  vessels  owned  in  whole  or  in  part  by  citizens  of  the  Confede- 
rate States.     March  6,  1861,  ch.  27 .-.^_    iZ 

An  Act  to  establish  aud  organize  a  bureau  in  connection  with  the  Department  of  the  Treasury,  to  be 

known  as  the  Light-House  Bureau.     March  G,  1861,  ch.  2^ 47 

An  Act  for  the  establishment   and   organization  of  the   army  of  the   Confederate   States  of  America. 

March  6,  1861,  ch.  29 17 

".'.  Act  to  create  the  clerical  force  of  the  several  E.TOcutivc  Departments  of  the  Confederate   States  o£ 

America,  and  for  other  purposes.     March  7,  1861,  ch.  30 62 

.n  Act  to  create  the  clerical  force  of  the  Navy  Department.     March  8,  ISGl,  ch.  ol, 53 

."  '1  Act  to  admit  certain  material  free  of  duty,  for  the  construction  of  telegraph  lines  from  Savannah, 
in  the  State  of  Georgia,  to  Fort  Pulaski,  and  from  Mobile,  in  the  State  of  Alabama,  to  Fort 
Morgan.     March  9,  1861,  ch.  32 53 

-".n  Act  to  authorize  the  is.'jue  of  treasury  notes,  and  to  prescribe  the  punishment  for  forging  the  same, 

and  for  for;^ing  ccrtiiicates  of  stock,  bonds  "r  coupons.     March  9,  1861,  ch.  33 54 

\n  Act  to  provide  for  an  Assi.^tant  Treasurer  of  the  Confederate  States  of  America,  and  a  treasurer 
for  the  mint  in  the  city  of  New  Orleans.     March  9,  ISfll,  ch.-34 a 5T 

An  Act  further  to  provide  for  the  organization  of  the  Post-Office  Department.     March  9,  1861,  ch.  35.     57 

An  Act  to  fix  the  pay  of  the  members  of  tho  Congress  of  the  Confederate  States  of  America.     March 

n,  1861,  ch.  ;i6 53 

An  Act  making  appropriation  for  the  support  of  three  thousand  men  for  twelve  months,  to  be  called 
into  service  at  Charleston,  South  Carolina,  under  tl;c  third  aud  fourth  sections  of  an  act  of  the 
Congress  "to  rai.«e  provi.*ional  forces  for  the  Confederate  States  of  America,  and  for  other  pur- 
poses."    March  11,  1861,  ch.  37 5^ 

An  Act  making  appropriations  for  the  support  of  the  regular  army  of  the  Confederate  States  of  Amer- 
ica for  twelve  months,  and  fur  other  purposes.     March  11,  1861,  ch.  3S 5  1 

■  n  Act  to  establish  a  court  of  admiralty  and  maritime  jurisdiction  at  Key  AVest,  in  the  State  of  Flori- 

da.    March  11.  1861,  ch.  39 GO 

■  n  Act  making  appropriations  to  carry  out  the  provisions  of  "An  act  to   provide  for  the  public  de- 

fence."    iSlarth  12.  1861,  eh.  40 f,  i 

.  .  Act  amendatory  of  an  act  for  the  organization  of  tho  stuff  departmeiits  of  the  army,  and  an  act 

for  the  establishment  and  organization  of  the  army  of  the  Confederate  States  of  America.     March 

14,  isei,  ch.  41 .,. (I 

n  Act  to  regulate  foreign  coins  in  the  Confederate  States.     March  14,  1861.  ch.  42 02 

in  Act  making  appropriations  (or  (he  legislative,  executive  aud  judicial  expenses  of  government,  for 

the  year  ending  fourth  of  February,  eighteen  hundred  and  sixty-two.  .March  15,  18G1,  ch.  43....  63 
\n  Act  to  authorize  tho  appointment  of  commercial  agents  or  consuls   to  foreign   ports.     March  15, 

1861,  ch.  44 ^  Gj 

An  Act  to  authorize  the  construction  or  purchase  of  ten  guu-boata.     March  15,  1861,  ch.  45 65 

An  Act  to   define   and    fix  tho   pay  of  the   officers  of  tjia    Congress  of  the   provisional   government. 

March  15,  1861,  ch.  46 65 

An  Act  to  amend  an  act  entitled  "An  act  to  establish  a  court  of  a<liuiralty  and  maritime  juriadiciion 

at  Key  West,  in  the  State  of  Florida."     March  15,  1861,  ch.  47 66 

An  Act  to  appoint  a  Second  Auditor  of  the  Treasury.     March  15,  1861,  ch.  48 66 

An  Act  vesting  certain  powers  in  the  Postmastir  General.     March  15,  1861,  ch.  49, 66 

An  Act  to  amend  tho  laws  relative  to  the  compensation  of  the  attorneys  of  the  Confederate  States. 

March  l.i,  1861,  ch.  50, ". 67 

An  Act  making  appropriations  for  the  custom-houses  at  Neiv  Orleans  and  Ciiarleston,  and  for  other 

purposes.     March  15,  IStil,  ch.  51 63 

Im  Act  to  establish  the  Bureav  of  Indian  Affairs.     March  15,  1861,  ch.  52 63> 

An  Act  Jo  exempt  from  duty  certain   articles  of  merchandise  therein  named.     March  15,  1861,  ch.  53,.  68 

An  Act  tj  fix  the  duties  on  ivrticles  therein  named.     March  15,  1861,  ch.  i4 69 

Au  Act  making  appropriaticns   for  tho  support  of  the  navy  for   the  }"ear  ending  fourth  February, 

eighteen  hundreil  and  sixty-two.     March  15,  1861,  ch.  55, 69 

An  Act  to  authorize  the  transit  of  merchandise  through  tho  Confederate  Sta^s.  March  15,  ch.  56,....  70 
'.n  Act  to  repeal  the  third  section  of  "  Au   act  to  e.Kcmpt  from  duty  oertaia  commodities  therein 

named,  and  for  other  purpo.^^es."     March  15,  1861.  ch.  57, 70 

(1  Act,  to  provide  for  the  organization  of  the  navy.     March  16,  1861,  ch.  58, 70 

An  Act  to  provide  for  payment  of  light  money  in  the  Confederate  States.     March  16.  1861,  ch.  59, 75 

An  Act  authorizing  President  alone  to  make  certain  appointments.     March  16,  1861,  ch.  60, 75 

An  Act  to  establi.sh  the  judicial  courts  of  the  Confederate  States  of  America.  March  16,  1861,  ch.  61,..  75 

An  Act  supplementary  to  au   act   entitled  an   act  to  organize  Ihe  navy.     March  lo,  186!,  ch.  62, S7 

An  Act  supplemental  to  an  act  to  define  and  fix  the  pay  of  the  officers  ol  the  Congress.     March  16, 

1861,  ch.  63, t 87 


LIST  OF  THE  PUBLIC  ACTS  OF  CONGRESS.  rii 

PAOE. 

An  Act  to  appropriate  money  for  certain  civil  purposes.     March  16,  1861,  ch.  64, 87 

An  Act  making  additional  appropriations  for  the  support  of  the  army,  for  the  year  ending  the  first  of 

March,  eighteen  hundred  and  sixty-two.     March  16,  1861,  ch.  65, 8S 

An  Act  making  appropriations  for  the  service  of  the  Post-OflSce  Department,  for  the  fiscal  year  ending 

the  first  of  March,  eighteen  hundred  and  sixty-two.     March  16,  1861,  ch.  66, 88 

An  Act  to  authorize  the  Secretary  of  the  Treasury  to  appoint  special  agents  in  certain  cases.  March 

16,  1861,  ch.  67, 7. 88 

An  Act  making  appropriation  for  the  service  of  the  Bureau  of  Indian  Affairs.  March  16,  1861,  ch.  68,  89 
An  Act  to  amend  an  act  entitled  "An  act  authorizing  the  President  alone  to  make  certain  appoint- 
ments.   March  16,  1861,  ch.  69, 8'> 

RESOLUTIONS. 

No.  i.    A  resolution  to  appoint  Messrs  Rcld  and  Shorter  printers  to  the  Congress.     Feb.  5,  1861, 90. 

No.  2.     A  resolution  accepting  the  appropriation  of  five  hundred  thousand  dollars  by  the  General  As- 
sembly of  the  State  of  Alabama.     February  8,  1861, 90 

No.  3.     A  resolution  for  the  preservation  of  the  records  of  Congress.     February  8,  1861, 90 

No.  4.     A  resolution  in  regard  to  the  State  of  North  Carolina,  and  the  commissioners  from  said  State 

to  this  Congress.     February  8,  1861, „ 90 

No.  5.     A  resoullion  in  relatioi»to  the  occupation  of  the  forts  and  aresenals,  &c.     February  12,  1361,  91 
No.  6.     A  resolution  authorizing  the  Secretary  of  the  Congre.ss  to  arrange  for  publication  "the  provis- 
ional Constitution  for  the  government  of  the  Confederate  States  of  America,  with  the  auto- 
graph signatures  of  the  members  of  Congress,  Ac.     February  14,  1861, 91 

No.  7.    A  resolution  to  authorize  the  judiciary  committee  to  have  such  matter  printed  as  they  may 

desire  to  lay  before  Congress.     February  14.  1861, 91 

No.  8.     A  resolution  to  continue  in  ofiice  the  oflicers  of  the  customs.     February  10,  1861.. 9i 

No-  9.     A  resolution  giving  certain  powers  to  the  ceramittee  on  naval  aflFairs.     February  14,  1861 92 

No.  10.  A  resolution  to  provide  for  printing  for  the  committees  of  the  Congress.     February  15,  1861,..  9i! 
No.  11.  A  resolution  for  the  appointment  of  commissioners  to  the  government  of  the  United  States  of 

America.     February  15, 1861, „ 92 

No.  12.  A  resolution  for  the  enforcement  of  the  revenue  laws.     February  16,  1861, 92 

No.  13.  A  resolution  to  provide  au  executive  mansion.     February  25, 1861 ,«...., 9,^ 

No.  14.  A  resolution  in  regard  to  patents  and  caveats.     March  4,  1861, 93 

No.  Id.  A  resolution  in  relation  to  international  copy-rights.     March  7,  1861, 93. 

No.  16.  A  resolution  to  continue  the  mints  at  New  Orleans  and  Dahloncga.     March  9, 1861 9,1 

No.  17.  Resolutions  providing  for  a  digest  of  laws.     March  12,  1  SRI ..'. 94 

No.  IS.  A  resolution  accepting  certain  funds  tendered  to  the  Confederate  States  by  the  State  of  Lou- 

-    isiana.     March  14,  1861, 91 

No.  19.  Resolutions  in  reference  to  forts,  dock-yards,  reservations  and  property  ceded  to  the  Confed- 
erate States.     March  15,1861 94 

No.  20.  Resolutions  in  relation  to  the  contingent  fund  of  Congress.     March  15,  1861, ."..'.*....  95 

No.  21.  A  resolution  to  provide  for  the  auditing  and  payment  of  certain  claims  aeainst  the  Conjtress. 

March  16,  1861, „ ...,. f. 95 


STATUTE  11.-^1861. 


An  Act  to'provido  for  the  appointment  of  chaplains  in  the  army.     May  3, 1861,  ch.  1 , <)9- 

An  Act  to  provide  for  a  regiment  of  Zouaves  in  the  army  of  the  Confederate  States.     May  4,  1861,ch.f     95* 
An  Act  to  recognize  the  existence  of  war  between  the  United  States  and  the  Confederate  States;  and 

concerning  letters  of  marque,  prizes  and  prize  goods.     May  6.  1861,  eh.  3 100 

An  Act  to  admit  the  Commonwealth  of  Virginia  as  a  member  of  the    Confederate   States  of  America. 

May  7,  1861,  ch.  4 i,l| 

An  Act  to  raise  an  additional  military  force  to  serve  during  the  war.     May  8, 1861,  ch.  6 )' 

An  Act  to  amend  '■  An  act  vesting   certain   powers  in  the  Postmaster  General, '  approved  March  15 

1861.     May  9,  1861,  ch.  6 „:...,. '  105 

An  Act  to  amend  "  An  act  to   provide  for  the  public  defence,"  approved  March  6, 1861.     May  10, 1861, 

f'h-  7 505 

An  Act  to  make  furlhtr  provision  for  the  public  defence.     May  11,  1861,  eh.  8 106 

An  Act  relative  to  the  telegraph  lines  of  the  Confederate  States.     May  11,  1861,  oh.  9 108 

.Vn  Act  to  amend  an  act  entitled  -An  act  to  fix  the  pay  of  members  of  the  Congress  of  the  Confede- 
rate States  of  America,"  approved  March  U,  1861.     May  11,  1861,  ch.  10 107 

An  Act  in  relation  to  the  Confederate  loan.     May  11,  1861,  cii.11 i08 

An  Act  to  amend  an  act   entitled    "An  act  further  to   provide  for  the  organization  of  the   Post-Officc 

Department,"  approved  March  9,  1861.    JUarch  H,  1861,  eh.  12 103 

An  Act  to  amend  "An  act  to  prescribe  the  rates  of  postage  in  the  Confederate  States  of  America,  and 

for  other  purposes,"  approved  February  23,  1801.     May  13,  1861,  ch.  13 109 

An  Act  to  auapend  the  operations  of  the  mints.     May  14,  1861,  oh.  14 no 

An  Act  to  organize  further  the  Bureau  of  Superintendent  of  Public  Printing.     May  14,  isVl/oh.  16.'.!  Ill 


viU  LIST  OF  THE  PUBLIC  ACTS  OF  CONGRESS. 

PAOE. 

An  Act  to  anthorizo  the  IranEfcrof  appropriations.     May  14,  1861,  oh.  16 Ill 

An  Act  to  define  the  liuiit«  of  the  port  of  New  Orleans, and  for  other  purposes.     May  14, 1861,  oh.  17.  Ill 

An  Act  regulating  the  sale  of  prizes,  and  the  distribution  thereof.     May  14.  ISeiy  oh.  18 112 

An  Act  to  provide  fur  ihe  auditing  of  accounts  of  the  Post-Offico  Department.     May  lt>,  1861,  ch.  19..  113 

An  Aci  to  increase  the  military  establishment  of  the  Confederate  States,  and  to  amend  the  "Act  for 
the  establishment  and  organization  of  the  army  of  the  Confederate  States  of  America."  May  16, 
1861,  ch.  20 114 

An  Act  to  provide  a  compensation  for  tbu  disbursing   officers  of  the  several  Executive  Departments. 

May  16,  IStil,  ch.  21 116 

An  Act  to  amend  an  act  entitled  "  An  act  to  provide  for  the  appointment  of  chaplains  to  the  army," 

approved  May  third,  eighteen  hundred  and  sixty-one.     May  16,   1861,  ch.  22 116 

An  Act  to  authorize  the  President  to  continue  the  appointments  made  by  him  in  the  military  and  naval 
service  during  the  recess  of  Congress  or  the  present  sessidn,  and  to  submit  them  to  Congress  at  its 
next  tession.     May  16, 1861,  ch.  23 116 

An  Act  to  authorize  a  loan  and  the  issue  of  treasury  notes,  and  to  prescribe  the  punishment  for  forging 

the  same,  and  for  forging  certificates  of  Slock  and  bonds.     .May  16,  18t'il,ch.  24 117 

An  Act  to  admit  the  State  of  North  Carolina  into  the   Confederacy,  on  a  certain  condition.     May  17, 

1861,  ch.  25 118 

An  Act  to  admit  the  Stale  of  Tennessee  into  the  Confederacy,  on  a  certain  condition.     May  17,  1861, 

ch.  20 119 

An  Act  to  establish    a  mail    route  from    Vermillionvillc,  in    the  State  of  Louisiana,  to  Orange,  in  the 

Bute  of  TeKiis,  and  for  other  purposes.     May  17,  1861,  ch.  27 '...•. 119 

An  Act  to  provide  an  additional  company*  of  sappers  and  bombadiers  for  the  army.    May  17, 1861,  ch.  28  119 

An  Act  to  authoii/.o  t'.io  extension  of  the  mail  service  of  the   Confederate  States  in  certain  cases  and 

upon  certain  conditions.     Jfay  20,  1861,  ch.  J9 120 

An  Act  to  admit  ihe  Slate  of  AVkansas  into  the  Confederacy.     May  21,  1861.  ch.  HO 120 

An  Act  amendatory  of  an  act  to  provide  for  the  organization  of  the  navy.     May  20,  1861,  ch.  31 121 

An  Act  to  amend  an  act  to   provide    for  the  organisation  of  the   navy,    approved    March    sixteenth, 

eighteen  hundred  and  sixty-one.     May  20,  1861,  ch.  32... 121 

An  Act  to  establish  a  separate  port  of  entry  at  Sabine  Pass,  in  the  county  of  Jefferson,  in  the  State  of 

Texas,  and  to  jirovidc  for  the  appointment  of  a  collector  therein.     May  21,  1861,  ch.  33 tl21 

An  Act  to   put  in    operation  the   government  under   the   permanent   Constitution  of  the   Confederate 

States  of  America.     May  21,  1861,  ch.  34  122 

An  Act  making  appropriations  in  addition  to  Iboso  already  made  for  the  military  service  of  the  Con- 
federate Stales  of  America,  for  the  fifcal  your  ending  the  eighteenth  day  of  February,  one  thou- 
sand eight  hundred  and  sixty-two.     May  21,   1861,  ch.  35 123 

An  Act  to  amend  an  act  relative  to  telegraphic  lines  of  the  Confederate  States,  approved  May  11,  one 

thousand  eight  hundred  and  sixty-one.     May  21,  1861,  ch.  36 124 

An  Act  making  appropriations  for  the  legislative  and  executive  expenses' of  government  for  the  year 

enditig  eighteenth  of  February,  eighteen  hundred  and  sixty-two.     May  21,  ISCl,  ch.  37 124 

An  Act  to  provide  fo.r  certain  deficiencies  in  the  appropriations  for  the  Post-Office  Department  for  the 

year  ending  February  cigbtecnth,  eighteen  hundred  and  sixty-two.     May  21,  1861,  ch.  38 125 

An  Act  concerning  the  transportation. of  soldiers,  and  allowance  for  clothing  of  volunteers,  andamend- 
atory  of  the  act  for  the  establishment  and  organization  of  the  army  of  the  Confederate  States. 
May  21,  1861,  ch.  39 126 

An  Act  to  be  entitled  an  act  to  amend  "'An  act  to  raise  an  additional  military  force  to  servo  during 

the  war."     May  21, 1861,  ch.  40 ,% 126 

An  Act  to  authorize  the  President  to  confer  temporary  rank  and  command,  for  service  with  volunteer 

troops,  on  officers  of  the  Confederate  army.     May  21,  1861.  ch.  41 i 127 

An  Act  to  provide  for  the  incidental  expenses  of  the  public  service  within  the  Indian  tribes.     May  21, 

1861,  ch.  42 127 

'lU  Act  to  divide  the  Slate  vi  Texas  into  two  judicial  districts,  and  provide  for  the  appointment  of 
judges  and  officers  in  the  same.     May  21,  18G1,  ch.  43 127 

An  Act  to  provide  revenue  from  commodities  imported  from  foreign  countries.     May  21,  1861,  ch.  44..  127 

An  Act  to  define  with  more  certainty  the  meaning  of  an  act  entitled  "  An  act  to  fix  the  duties  on  arti- 
cles  therein    named,"  approved  March  the  fifteenth,  eighteen   hundred  aud    sixty-one.      May  21,       * 
1861,  ch.  45 135 

An  Act  to  establish  a  Patent  Office,  and  to  provide  for  the  granting  and  issue  of  patents  for  now  and 

useful  discoveries,  inventions,  improvements,  and  designs.     May  21,  1861,  ch.  46 136 

An  Act  to  establish  the  judicial  courts  of  the  Confederate  States  of  America,  in  the  State  of  Vir- 
ginia.    May  21,  1861,  ch.  47 149 

An  Act  to  prescribe  the  mode  of  publishing  the  laws  aud  treaties  of  the  Confederate  Stales.     May  21, 

1861,  ch.  48 „ 7. .■;.„...  149 

An  Act  to  prescribe   the  salary  of  the   private   secretary  of   the  President  of  the  Confederate  States. 

May  21,  l&Cl,ch.  49^ 149 

An  Act  to  amend  an  act  entitled  "An  act  recognizing  the  existence  of  war  between  the  United  States 
and  the  Confoderatc  States,  and  concerning  letters  of  miirque,  prizes  and  prize  goods,*'  approved 
May  sixth,  one  thousand  eight  hundred  and  sixty-one.     May  21,  1861,  ch.  50 150 

An  Act  to  provide  for  the  pay  of  additional  officers,  non-commissioned  officers,  musicians  and  privates 
of  the  marine  corps,  to  constitute  a  regiment,  and  for  the  additional  clothing  and  subsistence  of 
the  non-commissioned  ofliccrs.  musicians  and  privates,  for  the  year  ending  February  eigh- 
teoRth,  eighteen  hundred  and  sixty-two.     May  21,  1861,  ch.  51 150 

Ad  Act"  to  increase  the  clerical  force  of  the  Treasury  Department,  in  the  Bureau  of  Second  Auditor. 

May  21,  1861,  ch.  52 f. ' Ijl 


LIST  OF   THE  PUBLIC   ACTS  OF    CONGRESS.  ix 

PAGE. 

An  Act  to  authorize  certain  debtors  to  pay  the  amounts  due  by  them  into  the  Treasury  of  the  Confede- 
rate States.     May  21,  1861,  ch.  53 , 151 

An  Act  to  transfer  the  testimony  taken  by  commission  in  certain  suits  therein  named,   brought  in  the 
circuit  and  district  courts  of  the  United  States  of  America  to  the  State  courts  of  the  Confederate 

States,  and  to  authorize  the  same  to  be  read  in  said  Stat*  courts.     May  21,  1S61,  ch.  54 151 

An  Act  to  prohibit  the  exportation  of  cotton  from  the  Confudernte  States,  except  througli  the  seaports 

of  said  States;  and  to  punish  persons  offending  therein.     May  21,  1861,  ch.  55 ^ 152 

An  Act  to  provide  for  the  pay  of  the  officers  who   have   resigned    from  tho    Uniteii    States  navy,  and 

whom  it  is  j:ropose<i  to  add  to  the  Confederate  States  navy.     May  21,  1861,  cb.  56 153 

An  Act  to  make  temporary  disposition  of  certain  railroad  iron.     Mny  21,  1861,  cb.  57 153 

An  Act  to  provide  for  tlic  cession,  on  the  part  of  tho  Stale  of  Ark.ansa.«,  of  the  arsenal  at  Little  Rock, 
and  of  Fort  Smith,  nt  the  city  of  Fort  Smith,  in  tho  State  of  Arkansas,  and  the  acceptance  of 

the  same  by  the  said  Confederate  States.     May  21,  1861,  ch.  68, 154 

An  Act  relative  to  prisoners  of  war.     May  21,  1861,  ch.  59, , 154 

An  Act  for  the  publication  of  the  \a,\\s.     May  21,  1861,  ch.  60, ,' 165 

An  Act  making  appropriations  for  the  support  of  the  navy,  for  thcye.ar  ending  eighteenth  of  February, 

eighteen  hundred  and  sixty-two.     May  21,  1861,  ch.  61, 155 

An  Act  supplemontiil  to  an   act  to  establish  the  judicial  courts  of  the  Confederate  States  of  America. 

May  21.  1801,  cli.  62, 155 

An  Act  relative  to  the  library  of  Congress.     May  21,  18G1.  ch.  63, l.'iT 

An  Act  for  the  relief  of  district  attorneys  of  the  Confederate  States  in  tho  field.  May  21,  1861,  ch.  64,  157 

An  Act  to  secure  copy  rights  to  authors  and  composers.     May  21,  1861,  ch.  65, , 167 

An  Act  assigning  the  judge,  district  attorney  and  marshal  for  tho  district  of  Texas,  to  the  eastern  dis- 
trict of  said  State.     May  21,  1861,  ch.  66,. 161 

An  Act  making  appropriation  to  defray*  the  expenses  of  removing  the  seat  of  government  to  Kich- 
monJ.     May  21,  1861,  ch.  6-7, 161 

RESOLUTIONS. 


No. 

1. 

No. 

n 

No. 

3. 

No. 

No. 

4. 
5. 

No. 
No. 

6. 
7. 

No. 
No. 
No. 

8. 
9. 
10. 

No. 

No. 

11. 

1?. 

r.al  G. 


A  resolution  of  thanks  to  Brigadier  Gencr.al  G.  T.  Beauregard  ami  the  army  under  his  com- 
mand, for  their  conduct  in  tbo  affair  of  Fort  •'^umtcr.     May  4,  1801 1C3 

A  resolution  to  extend  the  provisions  of  a  resolution  approved  March  fourth,  eighteen  hundred 

and  sixty-one.     May  4,  1S<)1 163 

A  resolution  in   regard  to  military  expenditures  made  by  the  State  of  South  ■Carolina.  May 

4,1863, 163 

A  resolati(m  in  relation  to  murine  hospitals.     Jlay  16,  1861, 163 

A  resolution  in  relation   to  imports  from  the   States  of  Virginia,  Kurtb  Carolina,  Tennessee 

and  Arkansas.     May  17,  1861, 164 

A  resolution  in  relation  to  certain  accounts.     Maj'  21,  1861, 164 

A  resolution  rescinding  a  resolution  providing  for  a  digest  ot  laws,  approved  M.arch  twelfth. 

cigbti-en  hundred  and  sixty-one.     May  21.  1861, 164 

A  resolution  in  regard  to  the  clerical  department  of  Congress.    May  21,  1861, 164 

A  resolution  to  provide  for  the  removal  of  the  scat  of  government.     May  21,  1861 165 

A  resolution  in  reference  to  printing  the  tariff  act,  and  other  documents  connected  therewith. 

May  21,  1801, .' 165 

A  resolution  regulating  the  payment  of  unadjusted  accounts.     May  21,  18<)1, 165 

A  resolution  to  confer  certain  powers  on  the  Secretary  of  the  Treasury.     May  21,  1861, 165 


STATUTE  III.— 18GL 


An  Act  to  authorize  the  appointment  of  agents  to  sign  treasury  notes.     .Tuly  24,  18C1,  ch.  !, 167 

An  Act  relating  to  the  pre-payment  of  postage  in  certain  cases.     July  29,  1861,  nh.  2, 167 

An  Act  further  to  amend  an  act  entitled    "An  act  to  establish  the  judicial  courts  of  the  Confederate 

States  of  America."     July  31,  1801,  ch.  3, 168 

An  Act  rel.ative  to  money  deposited  in  the  registries  and  receivers  of  the  courts.  August  1,  1861,  ch.  4,  168 
An  Act  to  authorize  the  distribution  of  the  proceeds   of  the   A.   B.  Thompson,  condemned  as  a  prize. 

August  1,  1861,  ch.  5, 169 

An  Act  to  amend  "An  act  to  establish   the  judicial  courts  of  the  Confederate  States  of  America." 

.    August  1,  18(;i,  ch.  6, 169 

An  Act  to  make  provision  for  the  care  of  supplies  for  the  sick  and  wounded.     August  2,  1801,  ch.  7,..  170 
An  Act  to  provide  for  an  additional   field  officer  to  volunteer  battalions,  and  for  the  appointment  of 

assistant  adjutants  generjil  for  the  provisional  forces.     August  ?,  IKOl,  ch.  8, 170 

An  Actio  extend  the  provisions  of  an  cct  entitled  "An  net  to  prohibit  the  exportation  of  cotton 
from  the  Confederate  States,  except  fhrnugh  tho  .«^ca-ports  of  said  States,  and  to  punish  persona 
offending  therein,"'  approved  May  twenty-one,  eighteen  hundred  and  sixty-one.  Aug.  2,  1801,  ch. 9,  170 
An  Act  to  amend  an  act  entitle^  "An  act  to  make  further  provisions  for  tl»«  public  defence,"  approved 
eleventh  May,  one  thousand  eight  hundred  and  sixty-one;  and  to  amend  an  act  entitled  "An 
act  to  increase  the  military  establishment  of  the  Confederate  States;'"  and  to  amend  the  "Act 
for  the  establishment  and  organization  of  tho  army  of  tho  Confederate  States  of  America." 
August  3,  1861,  ch.  10, 171 


X 


LIST  OF  THE  PUBLIC  ACTS  OF  CONGRESS. 


PACE. 

Aa  Act  to  amend  an  act  in  relation  to  the  issue  of  treasury  notes.     August  3,  1S61,  ch.  11 ;> 171 

An  Act  to  amend  "  An  act  to  provide  revenue  from   commodities   imported   from   It  leign  countries," 

approved  May  tweniy-one,  one  thousand  eight  hundred  and  sixty-one.     Augi^ot  6,  1861,  ch.  12,...  171 
Aa  Act  to  amend    an  act  entitled  '•  An  act  mjiking  appropriations  for  the  support  of  thQ  navy,  lor 

the  year  ending  fourth  February,  eighteen  hundred  and  sixty-two.    August  3,  ISCl,  ch.  13, 172 

An  Act  to  provide  for  the  safe  custody,  printing,  publication  and  distribution  of  the  of  the  laws,  and 
to  ^jrovido  for  the  appointment  of  an  additional  clerk  in  the  Department  of  Justice.     August  5, 

ISGl.ch.  14, 172 

An  .*.ot  to  authorize  advances  to  be  made  in  certain  cases.     August  5.  1861,  ch.  15, 173 

An  .\ct  to  give  aid  t )  the  people  and  State  of  Missouri.     August  6,  1861,  ch.  16, 173 

An  Act  to  provide  for  the  construction  of  a  newly  invented  implement  of  war.  August  6,  1861,  ch.  17,  274 
Ac  Act  to  authorize  the  President  of  the  Confederate  States  to  graut  commissions  to  raise  volunteer 
regiments  and  battalions,  composed  of  persons  who  are,  or  hav<j  been,  residents  of  the  States  of 

Kentucky.  Missouri,  Maryland  and  Delaware.     August  8,  1861,  ch.  18, ,171 

An  Act  respecting  alien  cnemii's.     August  8,  1861,  ch.  19, .17i 

Aa  Act  further  to  proviile  for  the  public  defence.     August  8,  1861,  ch.  20, 174 

Aa  Act  to  provide  for  the  appointment  of  surgeons  and  assistant  surgeons  for  hospitals.     August  14, 

1861,  ch.  21, -. 173 

An  .A-Ct  to  amend  the  law  in  relation  to  the  export  of  tobacco,  and  other  commodities.     August  16, 

ISfil,  ch.  22 173 

Aa  Act  to  authorize  the   issue   of  treasury  notes,    and   to   provide   a  war   tax   for   their   redemption. 

August  19.  1861,  ch.  23 .'. 177 

An  Act  to  aid  the  St.ato  of  Missouri  in  repelling  invasion  by  the  United  States,  and  to  authorize  the 
admission  of  .^uch  State  as  a  member  of  the  Confederate  States  of  America,  and  for  other  pur- 
poses.    August  2i>,  1861,  ch.  21 184 

An  Act  to  empower  the  President  of  the  Confederate   States   to   appoint   additional  commissioners  to 

foreign  nations.     August  20,  1861,  ch.  25, r. '35 

An  Act  to  authorize  pavmi  nt  to  be  made  for  certain  horses  purchased  for  the  army,  by  Colonel  A.  W. 

McDonald.     August  21,  1S61,  ch.  26, 1S5 

An  Act  making  appropriation  for  the  services  of  physicians  to  be  employed  in  conjunction  with  the 

medical  staff  of  the  army.     August  21, 1861,  ch.  27, IT- 

An  Act  10  provide  for  local  defence  and  special  service.     i\ugust21)  1861,  ch,  28, l.:^6 

An  Act  to  authorize  the  employment  of  cooks  and  nurses,  other  than  enlisted  men,  or  volunteers,  for 

the  military  service.     August  21,  ISGl,  ch.  2fl, IS'"' 

An  Act  providing  for  the  disposition  of  uuclaimcd  goods  deposited  in  warehouse,  as  prescribed  by  ex- 
isting laws.     Angust2l,  1S61,  ch.  30, , 1S7 

An  Act  making  appropriations  for  the  public  defence.     August  21,  1861,  ch.  31, 'l^t 

An  -Act  making  appropri.ition  fr  military  hospitals.     August  21,  1801,  ch.  32 187 

Aa  Act  su)iplem(-ntal  to  "Au  act  to  put  in  opeiation  the  government  under  the  permanent  Constitu- 
tion of  the  Confederate  States  of  America."     August  21,  1861,  ch.  33, 187 

An  Act  to  incrcisc  the  corps  of  artillery,  and  for  other  purposes.     August  21,  1861,  ch.  34 Hi 

An  Act  making  appropriation.s  to  carry  into  effect  section  two  of  au  act  approved  May  twenty-first, 
eighte:n  hundred  and  sixty-one,  entitled  ''An  act  to  define  with  more  certainly  the  meaning  of 
an  act  entitled  'An  act  to  fix  the  duties  on  articles  therein  named,"'  approved  March  fifteenth, 

eighteen  hundred  and  sixty-one.     August  22,  1861,  ch.  35 ".; '. 189 

Ar.  Act  to  authorize  the   Postmaster  General   to  contract   for   the  carriage  of  the  mails   on  the  route 

hereafter  mentioned.     August  22,  1861,  ch.  30 189 

An  Act  to  establish  a  uniform  rule  of  naturalization  for  persons  enlisted  in  the  armies  of  the  Confede-    . 

rate  fftates  of  Am-.rica.     August  22,  186!,  ch.  37 .159 

An  Act  making  appropr-atious  for  tho  expenses  of  government  in  the  Legislative,  Executive  and 
Judicial  De|jartmonts,  for  the  year  ending  eighteenth  of  February,  eighteen  hundred  and  sixty- 
two.     August  2^1,  1861,  ch.  38 „ 1;(0 

-*. n  Act  making  appropriations  to  carry  into  effect    "An  act  to  authorize  the  issue  of  treasury  notes, 

and  to  provide  a  war  tax  for  their  redemption,"  and  for  other  purposes.     August  2-4,  18C1,  ch.  30  101 
An  Act  to  authorize  tho  i.-sue  of  inscribed  stock  in  tho  stead  of  coupon  bonds.     August24, 1861,  ch.40  I'.ii 

An  Act  to  establish  assay  offices  at  CharbHte  and  Dahloncga.     August  24,  1S61,  ch.  41 192 

An  Act  making  additional  appropriations  for  the  navy  of  the  Coufederate  States,  for  the  year  ending 

February  eighteenth,  eighteen  hundred  and  sixty-two.     August  24,  1861,  ch.  42 1£3 

An  Act  to  repenl  the  fr.urth  section  of  "An  act  to  regulate  foreign  coins  iif  the  Confederate  States," 
approved  March  sixteenth,  eighteen  hundred  and  sixty-one,  and  for  other  purposes.     August  24, 

1861,  ch.  43 193 

An  Act  amendatory  of  "An  act  to  prescribe  the  rates  of  postage  in  the  Confederate  States  of  America," 

tipproved  February  twenty-third,  fci(:hteen  hundred  and  sixty-one.     August  29,  1861,  ch.  44.' 193 

An  Act  making  appropriations  for  tho  service  of  the  Post-Officc  Department  during  tho  year  ending 

tho  eighteenth  of  February,  eighteen  hundred  and  .sixty-one.     August  29,  1861,  ch.  45 194 

An  Act  to  amend  an  act  entitled  "An  act  to  create  the  clerical  force  of  tho  several  departments  of  the 
Confederate  States  of  America,  and  for  other  purposes,"  approved  March  seventh,  eighteen  hun- 
dred and  sixty. one.     August  29,  1861,  ch.  46 194 

An  Act  to  authorize  the  construction  of  certain  gun-boats.     August  29,  1861,  ch.  47 195 

Aa  Act  to  fix  the  fees  and  costs  iu  admiralty  cases.     August  29,  1861,  ch.  48 195 

An  Act  to  authorize  the  Secretary  of  the  Navy  to  make  certaiu  contracts  without  advertising  for  pro- 
posals.    August  29,  1861,  ch.  49 195 


An  Act  making  appropriation  for  the   purchase  of  a  steamer  and   certain   military  supplies.     August 
29,  1861,  ch.  60 ...,.,... /..... 


190 


LIST  OF    THE  PUBLIC   ACTS  OF  CONGRESS.  xi 

An  Act  to  amend  the  second  section  of  "An  act  concerning  the  transportation  of  soldiers  and  alliw- 
ance  for  clothing  of  volunteers,  and  amendatory  of  the  '  Act  for  the  establishment  and  organiza- 
tion of  the  army  of  the  Confederate  States.'"'     August  30,  IStil,  ch.  51 IPg 

An  Act  to  authorize  the  establishment  of  recruiting  stations  for  volunteers  from  the  States  of  Ken- 

tucky,  Missouri,  Maryland  and  Delaware.     August  30,  ]8(i],  ch.  62 '. 196. 

An  Act  to  audit  the  accounts  of  the  respective  States  against  the  Confederacy.     Aug.  30,  1861,  ch.  63  19? 

An  Act  to  establish  certain  post  routes  therein  named.     August  30,  ISGl,  ch.  54 197 

An  Act  authorizing   the  President  to   inflict   retaliation    upon  the   persons  of  prisoners.     August  30 

1861,  ch.  bi) ° jgg. 

An  Act  to  provide  for  the  defence  of  the  Mississippi  river.     August  30,  186T.  ch.  66 198. 

An  Act  t.i  amend  an  act  entitled  "An  act  to  establish  a  Patent  Office,  and  to  provide  Inr  the  granting 
and  issue  of  patents  for  new  and  useful  discoveries,  inventions,  improvements  and  designs  "  ap 
proved  May  21,  1861.     August  30,  1861,  ch.  67 f. 


An  Act  to  provide  a   mode  of  authenticating   claims  for   money  against  the    Confederate    States,  not 
otherwise  provided  for.     August  30,  ]S(H,  ch.  68 


199 

199' 

An  Act  to  collect,  for  distribution,  the  moneys  remaining  in  the  several  post-offices  of  the  Confederate 

States  at  the  time  the  postal  service  was  taken  in  charge  by  said  government.     Aug.  30, 1S61,  ch.  69  199- 

An  Act  to  require  the  receipt  of  the  postmasters  of  the  Confederate  Slates  of  treasury  notes,  in  sums 
of  five  dollars  and  upwards,  in  payment  of  postage  stamps  or  stamped  envelopes.  August  30 
1861,  ch.  60 ° [  200 

An  Aet  for  the  sequestration  oF  the  estates,  property  and  effects  of  alien  enemies,  and  for  the  indemni- 
ty of  citizecs  of  the  Confederate  States,  and  persons  aiding  the  same  in  t>e  existing  war  with  the 

United  States.     August  30,  18(51,  ch.  61 .'^ 201 

Vn  Act  to  perpetuate  tes'imony  in  cases  of  slaves  abducted  or  harbored  by  the  enemy,  and  ofotiier 
projerty  seized,  w,asted  or  destroyed  by  them.     August  30, 1561,  ch.  62 207 

An  Act  to  provide  for  the  transmission  of  money,  bonds  or  treasury  notes.     August  30,  1861,  ch.  63.1'  208 

An  Act  to  amend  an  act  entidud  "An  act  recognizing  the  existence  of  war  between  the  United  States 
and  the  Confederate  States,  and  concerning  letters  of  marque,  prizes  and  priao  goods,"  approved 
May  si.\th,  eighteen  hundred  and  sixty-one  ;  and  an  act  entitled  "  An  act  regulating  the  sale  of 
prizes  and. the  distribution  thereof,"  approved  May  Ei.\teeuth,  eighteen  hundred  and  sixty-ono 
August  30,  I'd.  ch.  64 '  2O8 

An  Act  vesting  certain   powers  in  the  commissioners  of  the  district  courts  of  the  Confederate  States' 

August  31,  1SC1,  ch.  65 .• 2OS 

An  Act  to  authorize  ihe  appointment  from  civil  life  of  persons  to  the    staff  of  o-enerals       August  31 

1861.  ch.  60 .^ 7. '.  20? 

An  Act  pvovidintr  for  the  appointment  of  adjutants  of  regiments  and  legiouss,  of  tJie  grade  of  subal- 
tern, in  addition  to  the  subalterns  attached  to  companies.     August  31,  1861.  ch.  67 209 

An  Act  providing  for  the  reception  and  forwarding  of  articles  sent  to  the  asmy  by  private  contribu- 
tion.    August  31,  1861,  ch.  68 20ft 

An  Act  to  allow  rations  to  ch.iplains  in  the  army.     August  31,  1861.  ch.  CD' 210 

An  Act  to  reimburse  the  State  of  Florida.     August  31,  1861,  ch.  70 ....*.'.'.".".'.".'.".'..'.  21C 

An  Act  making  au  additional  appropriation  for  the  payment  of  clerks  and  a  messenger  lor  the  "Post- 
Otlice-/)opartincnt,  and  to  authoii/e  the  Postma.-ter  General  to  appoint  an  additional  messenger 
for  the  Post-OtHce  Department.     August  31.  ISGl,  ch.  71 

An  Act  to  establish  the  rates  of  postage  on  newspapers  and  periodicals,  sent  to  dealers  therein  through 

the  mail,  or  by  express  over  post  routes.     August  31,  ISIil,  ch.  72 210 


210 


K*ESOLUTIONS. 

No.  1.     A  re.-olution  to  dispose  of  donations  made  by  certain  churches  on  the  late  fast  da.y.     July  50, 

I'^f'l  ■. .'  212 

No.  2.     Kosolutions  iu  relation  to  the  first  regiment  of  North  Carolina  volunteers.     July  30,  ISfil 212 

No.  3.     ]lesolut;ons  of  thanks  to  Generals  Joseph  E.  Johnston  and  Gustavo  T.  Beauregard,  and  the 

offi.'crs  and  troops-under  their  command  at  the  bntlle  of  ]\Ianaisas.     August  6,  ]861 212 

No.  4.     Resolutions  touching  certain  points  of  maritime  law,  and  defining  the  position  of  the  Confed- 
erate .States  in  respect  thereto.     August  13,  18(51 '. 213 

A  resolution'  in  relation  to  the  equipments  of  volunteer  cavalry  companies.     Aug.  21,  1&61,...  213 

llesolution  concerning  P,rigadier  General  13en  McCuIIough.     August  22,  1861 213 

No.  7.     A  resolution  ia  relation  to  drilhnastcis  appointed  by  States.     August  31,18(11 214 

No.  8.     Kcs'.lutions  to  provide  troop-s  in  the  field  with  broad  an'd  fresh  provisions.     August  31,  1801..  21't 

No.  9:     Kesolution  in  regard  to  certain  moneys  of  the  Congress.     August  31,  ISC'l 2M 

No.  10.  llesolutions  in  respect  to  the  accounts  of  the  Congresar    August  31,  1861 .• 215^ 


No.  6. 
No.  6. 


STATUTE    IV.— 186L 

An  Act  to  authorize  the  President  to  continue  the  appointments  made  by  him,  in  the  militarv  and 
naval  service,  during  the  recesses  of  Congress,  or  tke  last  or  present  session,  and  to  s.ubmit  them 
to  Congress  at  its  next  session.     Septembers,  1861,  ch.  1... 217 


xii  LIST  OF  THE  PUBLIC  ACTS  OF  CONGRESS. 

TAGE. 

Ao  Act  fTippleniADULl  to  An  Act  to  establish  the  rates  of  postage  on  newspapers  and  periodical;?  Ecnt 

to  dealers  therein  through  the  niiiils,  or  by  express  over  post  roads.     September  3,  1861,  ch.  2, 217 


STATUTE  v.— 1861-2. 

An  Act  U  admit  the  Stafo  of  Missouri  into  the  Confederacy  as  a  member  of  the  Confederate  States  of 

Amfrioa.     N»vcuiber  28.  1861,  cb.  1 221 

An  Act  to  enable  ih-;  Male  of  Mi:<«i>uri  to  elect  members  of  the  House  of  Hcprescntatives.     November 

I'tf,  1801,  ch.  2 221 

An  Act  for  the  em|il(ijmcnt  of  liiundreiisos  in  military  lio.«pitaIs.     December  7,  1861,  ch.  3, _^- 

An  Act  to  aulliorizo  tho  tt)<p>>iiituicnt  «<  one  or  more  officers  to  aid    the   Prcsi  ient  to  sign  commissions 

in  the  army.     December  7,  1861,  ch.  4 222 

An  Act  fur  the  admis-iou  of  the  State  of  Kentucky  into  the  Coufcderate  States  of  America,  as  a  mem- 
ber thereof.     December  10,  iJtfil,  i:h.  :>, 222 

\n  Act  to  authorize  the  SccroUiry  of  War  to  apjioint  an  nst^istant.     December  10,  ISGl,  ch.  6, 222 

An  Act  to  authorize  the  appointment  of  chief  buglers    and   principal  mut^icians    to    regiments  in  the 

provi8ion;il  army.     December  10.  1801,  ch.  V 222 

An  Acl  K)  authirize  the  enlistment  of  .addition.il  seamen.     December  10,  1861,  ch.  S 223 

An  Act  privilinj;  for  the  granting  of  boui  ty  und  furlough"-  to  privates  and  non-commissioned  officers 

in  the  provisional  army.     December  11,  1861,  ch.  9, 223 

An  Act  to  divide  the  State  of  Tennessee  into  three  judicial  distr.cts.     December  12.  1861,  ch.  10, "524 

\n  Act  to  provide  tor  the  payiueut  of  the  curriers  of  the  elc'toral  votes  of  the  respective  States  of  the 

Confeder-icy.     December  18,  1801,  ch.  11, 224 

Kn  Act  providing  for  the  tran.sfcr  of  certain  appropriations.     December  18,  1861,  ch.  12, 224 

Vn  Act  to  establish  the  dato  from   which    the    commissions  of  certain   staff  officers   shall  take  effect. 

December  IS.  1>-61,  ch.  13, ^ 225 

\n  Act  fui  thor  snppiemcninry  to  An  Act   to    authorize    the  issue  of  treasury  notes,  and  to  provide  a 

warttx  for  their  redemption.     December  19,  1861,  ch.  14, 225 

\n  Aot  furthe  recruiting  service  of  the  provisional  army  of  the  Confederate  States.   Dec.  19, 1861, ch.  15  226 
An  \el  to  determine  the  number  of  members  the.  State   of  Kentucky  shall   bo  entitled  to  have  in  the 
iiouhc  of  Ueprescntatives  of  the  Con;rress  of  the  Confederate  States,  and  in  relation  to  the  elec- 
tion and  returns  thereof.     December  21.  1861,  ch    16, 226 

Kn  ,\ct  ill  relation  to  taxes  on  property  which  has  been,  or  which   is  liable   to   be  sequestrated  as  the 

preperty  of  alien  enemies.     Dccemlser  23,  1861,  ch.  17 227 

Aq  Act  to  amend  '*  An  act  to  require  the  receipt  by  the  postmasters  of  tho  Confederate  States  of  treas- 
ury notes,  in  sums  of  five  d  jllar.s  and  upward.i,  in  payment  of  postage   stamps    and  stamped  en- 
velopes,'' aitproved   August  thirtieth,  eighteen  hundred  and  sixty-one.     Dee.  23,  lt=61,  ch.  18,...  228 
An  Acl  to  authorize  the  Presitlent  to  confer  temporary  rank  and  command  on  the  officers  of  the  navy, 

doing  duty  with  troops.     December  24,  1861,  ch.  1«, », 228 

An  Act  to  urnond  an  act  entitled  "An  act  to  establish  a  uniform  rule  of  niituraliziition  for  persons  en- 
listed in  the  armies  of  tho  Confederate  States  of  America."     December  24,  1S61.  ch.  20, 223 

An  Act  to  provide  for  the  appointment  of  chaplains  in  the  navy.     Dceetnbcr  24,  1861,  ch.  21, 229 

An  Actt<i  provide  for  certain  officers  of  the  revenue  service.     December  21,  1801,  ch.  22,. 229 

An  Act  to  authorize  the  transfer  of  a  certain  apjiroprialiou.  •December  24,  1801,  ch.  2;i, 2"9 

\.n  Act  to  authorize  the  ay  |ointmont  of  nddilioual  oIBcers  of  the  navy.     December  24,  1861,  ch.  2t,...  229 
An  Act  making  appropriations  for  the  expenses  of  government  in  the   Legislative,  Exoctitive  and  Ju- 
dicial Dtpartments,  for  tho  year  ending  eighteenth  of  Februarv,  eighteen  hundred  and  sixty-two. 

December  24,  1861,  eh.  25 .'. 230 

.^n  Act   Biipploujenlary  to  nn  act  to  authorise  the  issue  of  treasury  notes,  and  to  provide  a  war  tax  for 

their  redemption.     December  24.  1801,  eh- 26 231 

An  Act  making  appropriations  to  comply  in  part  with    treaty   stipulations    made  with    certain  Indian 

tribes.     December  24,  1861,  ch.  27, , 232 

An  Act  relating  to  the  custody  of  the  returns  and  certificates  of  tho  votes  of  the  electors  for  President 

aud  Vico  President.     Dodomber  31,  1861,  eh.  28, 237 

An  Ax  to  provide  for  a  corps  of  engineers  for  the  provisional  army.     December  31,  1861,  cli.  29, ^37 

An  Act  to  amend  "  An  act  to  authorize  the  Pre.'idcnt  to  confer  temporary  rank  and  command  for  ser- 
vice with  volunteer  troops,  on  officers  of  the  Confeder.-ite  army,"  approved  May  thirty-first,  eigh- 
teen hundred  and  sixty-one.     December  31,  1861,  ch.  30, 238 

An  Act  to  provide  for  the  payment  of  certain  Indian  troops.     December  31,  1861,  eh.  31, J.'^S 

An  Act  to  mako  additional  approjiriations  to  defray  the  expense  of  tho  public  printing.     December 

31,  1861,  ch.  32, 239 

An  Act  to  etitablish  a  mail  route  from  Hicks'  Ford  to  Lawrenccvillc,  in  Virginia.    Jan.  2,  1862,  ch.  33,  239 

An  Act  m  iking  approj. nations  for  certain  floating  defences.     .January  9,  1862,  ch.  34 239 

An  Act  making  certain  provisions  in  regard  to  certain  Indian  trust  funds.     January  10,  1862,  ch.  35,..  239 
\n  Act  appropriating  two  hundred  and  twenty-three  thousand  six   hundred   and  seven  dollars  for  the 

naval  service.     January  li,  1862,  ch.  36 240 

An  Act  appropria'ing  fourteen  millions   eight   hundred   and   fifty  thousand   dollars,  for  the  military 

eorvico.     January  11,  1.S62,  ch.  37, 240 

An  Act  authorizing  the  apfK.intment  of  two  additional  clerks  and  a  draftsman  in  tho  Nary  Depart- 
ment.    January  14,  1802,  ch.  38, , ,,.,   240 


LIST  OF  THE  PUBLIC  ACTS  OF  CONGRESS.  xiii 

PACK. 

An  Act  supplementary  to  an  act  making  appropriations  for  certain  floating  defences,  approved  Jan- 
uary ninth,  eighteen  hundred  and  sixty-two.     January  14,  1862,  ch.  39, 241 

An  Act  to  authorize  the  Secretary  of  War   to    audit   and  settle  the  claims  of  certain  officers  therein 

named.     January  15,  1862,  ch.  40, 241 

An  Act  to  make   the   appointment   of  Asssistant   Secretary  of  State,   of  the    Treasury,  and   of  War, 

Executive  appointments.     January  li>,  1S62,  ch.  41, 241 

An  Act  to  authorize  the  Secretary  of  the  Navy  to  give  a  bounty  to  all  ptrsons  enlisted  as  seamen,  who 

enlist  for  throe  years  or  the  war.     January  16,  1862,  ch.  42, 0, 241 

An  Act  supplementary  to  an  act  entitled  "  An  act  to  authorize  the  appointment  of  additional  oflBcers 

of  the  navy,"  approved  Dec.  twenty -fourth,  eighteen  hundred  and  sixty-one.  Jan.  16,  1862,  ch.  43,  "42 

A.n  Act  to  organize  the  Territory  of  Arizona.     .January  18,  1862,  ch.  44, 24- 

An  Act  to  provide  for  raising  and  organizing,  in  the  State  of  Misosuri,  a,dditiunal  troops  for  the  pro- 
visional army  of  the  Confederate  States,     .lauuary  22,  1862,  ch.  45, 247 

An  Act  to  amend  an  act  entitled  "An  act  to  raise   an    additional   military  force   to   serve  during  the 
war,"  approved  May  eighth,  eighteen  hundred  and  sixty-one,  and  for  other  purposes.  January  22,  ' 
1862,  ch.  46, 248 

An  Act  to  authorize  the  appointment  of  oflicers  of  artillery  in  the  provisional  army  and  in  the  volun- 
teer corps.     January  22,  1862.  ch  47, 219 

An  Act  to  amend  an  act  entitled  "An  act  to  collect,  for  distribution,  the  money  remaining  in  the  several 
post-oflices  of  the  Confederate  States,  at  the  time  the  postal  service  Wiis  taken  in  charge  by  said 
government,"  approved  August  thirtieth,  ei.i:hteen  hundred  and  sixty-one.     Jan.  23,  1862,  ch.  48,  249 

An  Act  ti)  amend  an  act  entitled  "An  act  to  establish  a  patent  office,  and  to  provide  for  the  granting 
and  issue  of  patents  for  new  and  useful  discoveries,  inventions,  improvements  and  designs,"  ap- 
proved on  the  twenty-lirstof  May,  one  thousand  eight  hundred  .and  sixty-one.  Jan.  23, 1862,  ch.  49,  250 

An  Act  to  authorize  the  President  to  call  upon  the  several  States  for  troops  to  serve  for  three  years  or 

during  the  war.     January  23,  1862,  ch.  50 2fi2 

An  Act  to  increase  the  clerical  force  of  the  Po.st-Office  Department.     January  23,  1862,  ch.  51 252 

act  to  appropriate  eight  hundred  and  fifty  thousand  dollars  to  pay  for  ordnance,  ordnance  stores 

An  And  cquij-ments.     January  27,  1862,  ch.  62 252 

An  Act  to  establish  an  assay  office  at  New  Orleans.     .January  27,  1862,  ch.  63 253 

An  Act  to  authorize  the  change  of  the  names  of  vessels  in  certain  cases.     January  27,  1862,  ch.  5'! 253 

An  Act  to  provide  for  recruiting  compKnies  now  in  the  service  of  the  Confederate  States  for  twelve 

months.     J.anuary  27,  1862,  ch.  55 254. 

An  Act  for  the  relief  of  the  fc'tato  of  Missouri.     January  27,  1862,  ch.  56 254 

An  Act  to  amend  an  act  supplemental  to  an  act  to  establi.-h  the  judicial  courts  of  the  Confederate 
States  of  America,  approved  May  twenty-first,  eighteen  hundred  and  sixtj--one.  January  29, 
1862,  ch.  57 ." 255 

An  Act  to  amend  an  act  entitled  "  An  act  to  provide  for  the  public  defence,"  approved  March    sixth, 

eighteen  hundred  and  sixty-one,     January  29,  1862,  ch.  58 255 

An  Act  to  aid  the  State  of -Kentucky,  and  for  other  purposes.     January  29,  1862,  ch.  59....  25fi 

An  Act  to  transfer  funds  from  the  Quartermasters  to  the  Ordnance  Department.     Jan.  30,  1862,  ch.  60  256 

An  Act  to  explain  an  act  entitled  "  An  act  to  amend  an  act  entitled  'An  act  to  establish  a  Patent  Of- 
fice, and  to  provide  for  the  granting  and  issue  of  patents  for  new  and  useful  discoveries,  inven- 
tions, improvements  and  designs,"  approved  May  twenty-tir&t,  eighteen  hundred  and  sixty-one. 
February  3,  1862,  ch.  61 , 256 

An  Act  supplemental  to  an  act  entitled  "An  act  providing  for  the  granting  of  bounty  and  furloughs 

to  privates  and  non-commissioned  officers  in  the  provisional  army.     February  3.  1862,  ch.  62 256 

An  Act  to  authorize  certain  financial  arrangements  at  the  Treasury.     February  3,  1862,  ch.  63 257 

An  Act  making  appropriations  for  the  payment  of  certain  interest  due,  severally  to  the  banks  at  Mem- 
phis, on  advances  made  by  them  to  Major  General  Loouidas  Polk,  for  the  benefit  of  the  public 
service.     February  .3,  1862,  ch.  64 257 

An  Act  supplementary  to  an  act  entitled  "An  act  to  amend  an  act  entitled  'An  act  to  raise  an  addi- 
tional force  to  serve  during  the  war,  and  for  other  purposes,"  approved  May  eighth,  eighteen  hun- 
dred and  sixty-one.     February  3,  1862,  ch.  65 25S 

An  Act  to  amend  the  act  entitled  ''An  act  to  amend  an  act  to  provide  far  the  organization  of  the 
navy,  approved  May  sixteenth,  eighteen  hundred  and  sixty-one;  and  an  act  entitled  "An  act  to 
authorize  the  President  to  confer  temporary  rank  and  command  on  officers  of  the  navy  doing  duty 
with  troops,"  approved  December  twenty-fourth,  eighteen  hundred  and  sixty-one.  February  6, 
1862,  ch.  66 258 

An  Act  to  provide  for  connecting  the  Richmond  and   Danville  and  the  North  Carolina  railroads,  for 

military  purposes.     February  10,  186?,  ch.  67 258 

An  Act  to  orranizp  the  clerical  force  of  the  Treasury  Department.     February  13,  1862,  eh.  63 259 

An  Act  to  transfer  the  county  of  Attala,  in  the  Stale  of  Mississipi)i,  from  the  northern  to  the  southern 

judicial  district  of  the  State  of  Mississippi.     February  13,  1S82,  ch.  69 260 

An  Act  to  pay  interest  due  the  Choctaw  Nation  uponstocksof  the  Stateof  Virginia.    Feb.  13, 1862,  ch  70  260 

An  Act  to  alter  and  amend  an  act  entitled  "An  act  for  the  sequestration  of  estates,  property  and  ef- 
fects of  alien  enemies,  and  for  imlemnity  of  citizens  of  the  Confederate  States,  and  persons  aiding 
the  game  in  the  existing  war  with  the  United  States,"  approved  August  thirtieth,  eighteen  hundred 
and  sixty-one.     February  15,  1862,  ch.  71 260 

An  Act  to  establish  certain  post  routes  therein  named.     February  15,  1862,  ch.  72 266 

An  Act  for  the  relief  of  the  State  of  Missouri.     February  15,  1862,  eh.  73 ." 268 

An  Act  supplemental  to  "An  act  to  put  in  operation  the  government  under  the  permanent  Constitu- 
tion of  the  Confederate  States  of  America,"  approved  May  21,  1861,     February  15,  1862,  ch.  74...  268 


xiT  LIST  OF   THE    PUBLIC  ACTS  OF  CONGRESS. 

PA6K. 

An  Act  to  make  appropriations  for  the  expenses  of  government  in  the  Legislative,  Executive  and  Ju- 
dicial Departments,  from  the  eightee:ith  of  February  to  the  first  of  April,  eighteen  hundred  and 

gixly-tw«,  and  for  othor  purposes.     February-  15,  l'^62.  ch.  75 268 

An  Act  to  uutliorize  and  provide  for  thv  or;;a«i/ati<in  uf  the  Marylund  Line.     Feb.  15,  1862,  ch.  76....  270 
An  Act  to  reliijquii-h  any  claim  on  the  purt  of  the  government  to  any  share  in  certain  prizes.     February 

Ij.  Ih62,  ch.  77 271 

An  Act  to  fix  the  rank  of  certain  officers.     February  15,  lf*C2,  ch.  78 ^71 

An  Act  to  cstablih'b  jiidMal  courts  in  certain  territories.     February  15,  1862,  ch.  79 271 

An  Act  to  provide  for  an  increase  of  the  Quartermaster  and   Commissar)'  Departments.     February  15, 

1SC2,  ch.  80 ^Tk. 

An  Act  concerning  the  pay  and  allowances  due  to  deceased  soldiers.     February  15,  1862,  ch.  81 275t. 

An  Act  to  provide  for  the  connection  of  the  railroad  from  Selma,  in  Alabama,  to  Meridian,  in  Missis- 

tippi.     February  15,  18C2,  ch.  82 276 

An  Act  to   detiDe   and   establish  the  compensation  of  members  of  the   Congress  of  the    Confederate 

States  of  America,  in  reference  to  mileage.     February  17,  18C2,  ch.  S3 276 

An  Act  to  repeal  an  act  therein  named.     February  17,  1862,  ch.  84 277 

An  Act  to  provide  for  the  preservation  and  future  publication  of  the  journals  of  th«  provisional  Con- 
gress, and  the  proceedings  of  the  Convention  which  framed  the  provisional  and  ])ermauent  Con- 
stitutions of  the  Confudcrato  Stiitcs.     February  17,  1*>62,  ch.  85 277 

.\n  Act  to  amend  "  An  act  to  provide  for  the  safo  custody,  printing,  publication  and  distribuion  of  the 
laws,  and  to  provide  for  the  appointment  of  an  additional  clerk  in   the    Department  of  Justice," 

approved  August  fifth,  eighteen  hundred  and  sixty-one.     February  17, 1862,  ch.  S6 277 

An  .\ct  to  make  dif]>osition  ol  negro  slaves  captured  from  hoAile  Indians.     February  17,  18(12,  ch.  S7.  278 
An  Act  to  fix  the  date  at  wliich  the  bounty  shall  be  paid  to  soldiers  enlisting  for  the  war.     February 

ir,  18C2,ch.S8 2(8 

.  RESOLUTIONS. 

A  resolution  authorizing  the  transfer  of  funds  to  foreign  parts.     November  26,  1861, .  ...  279 

A  resolution  for  the  relief  of  the  "  Lumberton  Guards,"  (company  D,)  second  regiment  North 
Carolina  volunteers.     December  S,  1801 .■« 279 

A  resolution  of  thanks  to  Major  General  Sterling  Price,  and  the  officers  and  soldiers  under 
his  command,  for  gallant  and  meritorious  conduct  in  the  present  war.     December  3, 1861,.  279 

Resolution  of  thanks  to  Major  General  Leonidas  Polk,  Brigadier  General  Gideon  J.  Pillow, 
Brigadier  General  Benjamin  F.  Cheatham,  and  the  officers  and  soldiers  under  their  com- 
mand, for  gal'.ant  and  distinguished  services  in  the  present  war.     December  6,  1861, 280 

A  resolution  to  make  an  advance  to  the  State  of  South  Caiolina,  on  account  of  her  claims 
against  the  Confederate  States.     December  14,  1801, 280 

A  resolution  appointing  John  D.  Morris,  of  Kentucky,  a  receiver  under  the  act  of  sequestra- 
tion, approved  August  thirtieth,  eighteen  hundred  and  sixty-one.     December  16,  1861, 280 

A  resolution  of  thanks  to  Brigadier  General  N.  G.  Evans,  and  the  officers  and  soldiers  under 
his  command,  for  tljcir  gallant  conduct  in  the  battle  of  Leesburg.     December  18,  1861, 281 

Resolution  relating  to  Maryland.     December  21,  1861, 281 

Resolution  of  thanks  to  Colonel  Edward  Johnson,  his  officers  and  men,  for  services  in  the 
battle  of  Alleghany  Mountain.     January  10.  1862 282 

A  resolution  in  reference  to  the  arms  of  the  volunteers  for  twelve  months.     .January  22,  1862,  282 

A  resolution  supplemental  to  the  resolution  entitled  "A  resolution  appointing  Jcdin  D,  Morris, 
of  Kentucky,  a  receiver  under  the  act  of  sequestration,"  approved  August  thirtieth,  eigh- 
teen hundred  and  sixty-one,  and  which  was  approved  by  the  President,  on  the  sixteenth  of 

December,  eighteen  hundred  and  si.\ty-one.     i  ebruary  3,  1862, 282 

No.  12.  A  resolution    in   regard    to  the   transfer   of  certain    Indian  trust   funds   to  the  Confederate 

States.     February  6,  1862, .• .^283 


\o. 
No. 

1. 
2. 

No. 

3. 

No. 

4. 

No. 

5. 

No. 

6. 

No. 

7. 

No. 
No. 

8. 
9. 

No. 
No. 

10, 
11. 

PROCLAMATION.— APPENDIX. 

No.  1.     Culling  an  extra  session  of  Congress.     September  2,  1861, 219 


INDIAN  TREATIES. 

Treaty  between  the  Confederate  States  of  America  and  the  Creek  nations  of  Indians.  July  10,  1861,...  289 
Treaty  between  Confederate  States  of  America  and  the  Choctaw  and  Chickasaw  nations  of  Indians. 

July  12,  1801, 311 

Treaty  between  the  Confederate  States  of  America  and  the  Seminole  nation  of  Red  Men.  Aug.  1,  1861,  332 
Treaty  between  the  Conledcrute  States  of  Am'erioa  and  the  Pen-e-tegh-ca  band  of  the  Ne-um  or  Co- 

manchos,  and  the  tribes  and  bands  of  Wich-i-tas,  Cado-Ha-da-chos,  Ilue-cos,   Ta-hua-ca-ros,  A- 

n.a-dat;h-co8,  Ton-ca-wes,  Ai-o-nais,  Ki-ehais,  Shawnees  .tnd  Delawares.     August  12,  1861, 347 

Treaty  between  the  Confederate  States  of  America  and    the   Ne-co-ni,  Ta-ne-i-we,    Cocho-tih-ca  and 

Ya^pa-rih-ca  bands  of  the  Ne-um  or  Comanches  of  the  Prairies  and  Staked  Plain.  Aug.  12,  1861,  354 


LIST  OF  THE  PUBLIC  ACTS  OF  CONGRESS. 


XV 


T,      ,    ,    ,  ,,.    ^     ,  ,  lerica  and  the  Great  Osage  tribe  of  Indians.  Oct.  2.  1S61,  cwi. 

Treaty  between  the  Confederate  States  of  America  and  the  Seneca  tribe  of  Indians,  formerly  known  as 

the  benecas  of  Sandusky,  and  the  Shawnees  of  the  tribe  or  confederacy  of  Senecas  and  Shawnecs 

tormerly  known  as  the  Senecas  and  Shawnees  of  Lcwistown,  or  the  mixed  bands  of  Scnecas  and 

Shawnees,  each  tribe  for  itself.     October  4,1861, 374 

Treaty  between  the  Confederate  States  of  America  and  the  Qua'pawVribeof  *Indianr"Oct'4riS6i'."!".''  3?6 
i-reaty  between  the  Confederate  States  of  America  and  the  Cherokee  nation  of  Indians.     Oct,  7,  18C1,  334 


LIST 

OF   THE 

PRIVATE  ACTS  AND  RESOLUTIONS 


OF    THE 

PROYISIONAL  CONGRESS. 


;3lct3  of  tl)c  Proulsloual  (longrcso  cf  tl)e  donftbtiate  iStatfS. 

STATUTE   I.— 1861. 

PHOB. 

An  Act  for  the  relief  of  William  P.  Barker.    February  25,  ISGl,  ch.  1, 97 

RESOLUTIONS. 

No.  1.     A  resolution  for  the  relief  of  J.  M.  Walden,  a  citizen  of  Georgia.     February  16, 1P61, 97 

Vo.  2.     A  resolution  to  pay  certain  naval  offlters  their  traveling  expenses.     March  15,  1861, 98 


STATUTE  II.— 1861.' 

Aa  Act  to  make  temporary  disposition  of  certain  railroad  iron.    May  21,  1S61,  ch.  I, 166 


STATUTE  v.— 1862. 

An  Act  to  reward  the  loyalty  of  the  principal  chief  of  the  Seminole  nation.     January  16,  1862,  ch.  1,  284 

Aa  Act  for  the  relief  of  Dillon-.Tordan  and  F.  Glackmyer.     January  23,  1862,  ch.  2, 284 

An  Act  for  the  relief  of  A.  B.  Noyes,  collector  of  the  port  of  fcjt.  Marks,  Florida.    Jim.  2.S,  1862,  ch.  3,  286 
Aa  Act  to  proTido  for  the  compensation  of  G.   H.   Oury,  delegate  from  Arizona,  for  his  attendance 

at  this  session  of  Congress.     February  11,  1862,  ch.  4 285 

An  Act  uj>propriating  the  pum  of  one  ihousaud  one  hundred  and  ten  twenty-two  hundredths  dollars 
for  tlio  reliff  of  the  Moljilo  and  Grt'it  Norlbern  Kailroad  Coui|)any,  being  the  difference  bet\roe# 
fifteen  and  twenty-four  per  cent,  duly  uu  railroad  iron  paid  at  Pensacola,  in  May,  eighteen  hun- 
dred and  sixty-one.     February  15,  1^62,  ch.  5, 285 

An  Act  to  compensate    I)illon   Jordan   and   F.    Olackmyeir,   for  services   rendered   the  government. 

February  15,  1862,  ch.  G, 286 

RESOLUTIONS. 

Ho.  1.    Resolution  in  relation  to  payment  to  disbursing  clerk  of  appropriation  for  removal  of  the  seat 

of  government.     February  15,  1862, '. 28d 


The  Confederate  States  of  America.  At  a  Congress  of  the  Sovereign 
and  Independent  States  of  South  Carolina,  Georgia,  Florida,  Alabama, 
Mississippi,  and  Louisiana,  begun  and  holden  at  the  Capitol  in  Mont- 
gomery, in  the  State  of  Alabama,  on  the  fourth  day  of  February,  in 
the  year  of  our  Lord,  one  thousand  eight  hundred  and  sixty-one  ;  and 
thence  continued,  by  divers  adjournments,  until  the  eighth  day  of 
February  in  the  same  year: 

CONSTITUTION 

FOR    THE 

PROVISIONAL  GOVERNMENT 

OF    THE 

CONFEDERATE  STATES  OF  AMERICA. 


We,  the  Deputies  of  the  Sovereign  and  Independent  States  of  South  proi^^o'naV  Go  "erS' 
Carolina,  Georgia,   Florida,    Alabama,  Mississippi,  and    Louisiana,   in- ment,  tstabUahed. 
voking   the   favor   of  Almighty    God,   do   hereby,    in   behalf  of  these 
States,  ordain  and  establish  this   Constitution  for  the  Provisional  Gov- 
ernment of  the  same:  to  continue  one  year  from  the    inauguration  ofji,""'^  '^'"^  '"  '''"* 
the  President,  or  until  a  permanent  Constitution   or  Confederation  be- 
tween the  said  States  shall  be  put  in  operation,  whichsoever  shall  first 
occur. 

ARTICLE  I. 


All  legislative  powers  herein  delegated  shall  be  vested  m  this  Con-     Leeisiative  p«wero 

i!i    J         i-i      iU  •  1    •        J  Tested  in  Congress. 

gress  now  assembled  until  otherwise  ordained. 

SECTION  2. 

When  vacancies  happen  in  the  representation  from  any  State,  the  vacancies  in  th« 
same  shall  be  filled  in  such  manner  as  the  proper  authorities  of  the  fiu'^'if.^"' * '""'  *"' 
State  shall  direct. 

SECTION  3. 

1.  The  Congress  shall  be  the  judge  of  tlie  elections,  returns  and  Congress  to  be  tjia 
qualification  of  its  members;  any  number  of  Deputies  from  a  majority  ietimisan'd quan'flcv! 
of  the  States,  bein?  present,  shall  constitute  a  quorum  to  do  business  ;  'Jons  or  mcmhern 

,      ,  ,,  P   "  J.  ,  ]  .        1  1  L  Qiioruni,  how  const!- 

but  a  smaller  number  may   adjourn   liom  day  to  day,  and  may  be  au- tuted.  whatnumber 
thorized  to  compel  the  attendance  of  absent  members;   upon  all  ques-  '"Fach'state'entitie.i 
tions  before  the  Congress,  each  Slate  shall  be  entitled  to  one  vote,  and  to  one   vote.    Eow 
shall  be  represented  by  any  one  or  more  of  its  Deputies   who  may  be    ^'^'■«P'*'stnted. 
present. 

2.  The  Congress  may  determine  the  rules  of  its  proceedings,  punish     Rules  of  proceed 
its  members  for  disorderly  behavior,  and  with  the  concurrence  of  two-  "^' 

thirds,  expel  a  member. 

3.  The  Congress  shall  keep  a  iournal  of  its  proceedings,  and  from    Journal  of  procr»-j 

1-  I     .■  ui-    I      iU  «         J  I  •       .1     •     logs  to  be  kept. 

time  to  time  publisli   the   same,  excepting  such   parts  as   may  in   their 
judgment  require  secrecy;  and  the  yeas  and  nays  of  the  members  on     Teas  and  n»y». 
any  question,  shall,  at  the  desire  of  one-fiftli  of  those  present,  or  at 
the  instance  of  any  one  State,  be  entered  on  the  journal. 


2  PROVISIONAL  CONSTITUTION 

SECTION  4. 

iDfmb^r8.*How°p"aid!      "^^^  members  of  Congress  shall  receive  a  compensation  for  flieir  ser- 
vices, to  be  ascertained   by  law,   and  p»id   out  of  the   treasury  of  the 
inwhat  cases  mem-  Confederacy.     They  shall  in  all  cases,  except  treason,  felony  and  breach 
arrest.  ol  the  peace,  be  pnviledgcd  from  arrest  durmg  their  attendance  at  the 

session  of  the  Congress,  and  in  going  to  and  returning  from  the  same  ; 
Not  to  be  question-  and  for  any  speech  or  debate,  they  shall  not  be  questioned  in  any  other 

e«  for  any  speech  or     i  •'  *  •' 

debate.  place. 

SECTION  5. 

Bills  passed  by  Con-  1.  Every  bill  which  shall  have  passed  the  Congress,  shall,  before  it 
^"pre.s?dent^'^*^p'r'o-  becomc  a  law,  be  presented  to  the  President  of  the  Confederacy;  if 
Presid^^nTTisa''^-  ^^'  ^PP^ove,  he  shall  sign  it;  but  if  not.  he  shall  return  it  with  his  ob- 
proves.  jections  to  the  Congress,   who  shall  enter  the  objections  at  large  on 

their  journal,  and  proceed  to  reconsider  it.  If,  after  such  re-consider- 
ation, two-thirds  of  the  Congress  shall  agree  to  pass  the  bill,  it  shall 
become  a  law.  But  in  all  such  cases,  the  vote  shall  be  determined  by 
yeas  and  nays;  and  the  names  of  the  persons  voting  for  and  against 
When  bill  retained  the  bill  shall  be  entered  on  the  iouinal.     If  any  bill  shall  not  be  re- 

oy  President  becomes  .  i  \        ji         r>        •  i       i        -^i  •       ,  i  /o         i  .     i\        /•.        •. 

i,  law.  turned  by  the   President  within   ten  days  (Sundays  excepted)    after  it 

shall  have  been  presented  to  him,  the  same  shall  be  a  law,  in  like  man- 
ner, as  if  he  had  signed  it,  unless  the  Congress  by  their  adjournment, 
President  may  veto  prevent  its  rctuin,  in  which  case  it  shall  not  be  a  law.     The  President 

one,  and  appiovi' an-  ,  ...  •    .•  i  . 

ether  apiirnpiiaiioa  maj  vcto  any  appropriation  or  appropriations  and  approve  any  other  ap- 
in  same  bill.  propriation  or  appropriations  in  the  same  bill. 

etc^.'frb'eTesenTd  2.  Every  order,  resolution  or  vote,  intended  to  have  the  force  and 
tothe  President,  if  effect  of  a  law,  shall  be  presented  to  the  President,  and  before  the  same 
how  r'^e'^p^Isst^d  by  shall  lake  effect,  shall  be  approved  by  him,  or  being  disapproved  by 
Congress.  ^j^^    5^3]]  j^g  pc-passed  by  two-thirds  of  the  Congress,  according  to  the 

rules  and  limitations  prescribed  in  the  case  of  a  bill. 
aagurlV^d^'blnre^^^^      ^-  ^'itil  the  inauguration   of  the  President,  all  bills,  orders,  re.solu- 
of  force,  without  hid  tious  and  votes  adopted  by  the  Congress  shall  be  of  full  force  without 

approval.  ILL- 

approval  by  him. 

SECTION  6. 

.«'lo^7 "^ '^°"^'"^^*      1-  The  Congress  shall  have  power  to  lay  and  collect  taxes,  duties, 

fo  lay  taxes   to  carry  .  1  •  /•  1  ^       J  111 

CO  the  Government,  imposts  and  exciscs,  for  thc  revenue   necessary   to  pay   the  debts   and 
^  Duties  to  be  uui-  cany  on  the  Government  of  the  Confederacy;   and  all  duties,  imposts 
and  excises  shall  be  uniforin  throughout  the  States  of  the  Confederacy. 
To  borrow  money.        o_  7^  bonow  money  On  the  credit  of  the  Confederacy  : 
lowce'^*^^"'"'^   '^'""'      ^'   '^^  regulate  commerce  with  foreign  nations,  and  among  the  seve- 
ral States,  and  with  the  Indian  tribes  : 
To  establish   uni-      4.  Xo  establish  a  uniform  rule  of  naturalization,  and  uniform  laws  on 

lorm  rule  of  natural-   .,  i-.z-li  .    ■         .1  1         i.i        i-iri 

•nation  and  law  of  til c  suDjcct  ot  bankruptcies  throughout  the  Coniederacy  : 

""^To clJinfiioney.  To      ^'  "^^  ^°'"  'i^on^yi  regulate  the   value   thereof  and  of  foreign  coin, 

tix  standard  of  and  fix  the  standard  of  weights  and  measures: 

ffurw!  *  ''"     ™'^^'      C.  To  provide  for  the  punishment   of  counterfeiting  the   securities 

«eU8  ^""'*^  *"'"°''"'"  ^"''  curient  coin  of  the  Confederacy  : 

To  estabii  h  post      7.  To  establish  post  offices  and  post  roads  : 
"  To  promote 's^^ence      ^-  '^°  promote  the  progress  of  science  and  useful  arts,  by  securing, 
and useftu  arts.        for  limited  times  to  authors  and  inventors,  the  exclusive  right  to  their 

respective  writings  and  discoveries: 
rtc'r^rmunaiT*^  '"^'^       ^'  '^'^  Constitute  tribunals  inferior  to  the  supreme  court: 

Todeflne  and  pun-       10.  To  define  and   punish  piracies  and    felonies   committed  on   the 
'"  To'dec^anwar.      ^igh  seas,  and  offences  against  the  law  of  nations: 

11.  To  declare  war,  grant  letters  of  marque  and  reprisal,  and  make 
rules  concerning  captures  on  land  and  water: 


O'F  THE  CONFEDERATE  STATES.  6 

12.  To  raise  and  support  armies;  but  no  appropriation   of  money  to  To  raise  armies. 
that  use  shall  be  for  a  longer  term  than  two  years: 

13.  To  provide  and  maintain  a  navy  :  To  provide  a  navy. 

14.  To  make  rules  for  the  frovernment  and  regulation  of  the  land  Govemmentof 

di    /-  "  army  and  navy, 

naval  forces : 

15.  To  provide  for  callino;  forth  the  militia  to  execute  the  laws  of  the  Miima. 
Confederacy,  suppress  insurrections,  and  repel  invasions  : 

16.  To  provide  for  organizing,  arming,  and  disciplining  the  militia,     Organization,  etc., 
and  for  governinc;  such  part  of  them  as  may  be  employed  in   the  ser-  °' ''"^ '^'''"*- 
vice  of  the  Confederacy,  reserving  to   the    States  respectively  the  ap- 
pointment of  the  officers,  and  the  authority  of  training  the  miliiia  ac- 
cording to  the  discipline  prescribed  by  Congress  : 

17.  To  make  all  laws  that  shall  be  necessary  and  proper  for  carrying  To  make  au  laws 
into  execution  the  foregoing  powers  and  all  other  powers  expressly  llf^efft^/t  tile  powers 
delegated  by  this  Constitution  to  this  Provisional  Government.  expressly    delegated 

<o     mi       '^1  I     11   1  .  1      ■  I  <-,      ,  oy  the    Constitution. 

18.  The  Congress  shall  have  power  to  admit  other  States.  To  admit  states. 

19.  This  Congress  shall  also  exercise  Executive  powers,  until  the  To  exercise  Execn- 
President  is  inaugurated.  Srugura^"'*- 

SECTION  J. 

1.  The  importation   of    African   negroes  from   any  foreign  country    importation  of 
other   than    the   slave-holding  States  ^of  the  United   Staies,  is  hereby  gulden"  "^^''°®*  ^''^' 
forbidden;   and  Congress  are  required  to  pass  such  laws  as  shall  effect- 
ually prevent  the  same. 

2.  The  Congress  shall  also  have  power  to  prohibit  the  intioduction  of  introduction  of 
slaves  from  any  State  not  a  member  of  this  Confederacy.  slaves  prohibited. 

3.  The  privilege  of  the  writ  of  Habeas  Corpus  shall  not  be  suspend-     wnt  of  Habeis 
ed  unle.-s,  when  in  cases  of  rebellion  or  invasion,  the  public  safety  may  ^"'P"^ 
require  it. 

4.  No  Bill  of  Attainder,  or  ex  post  facto  law  shall   be  passed.  Biii  of  Attainder, 

5.  No  preference  shall    be  given,  by  any  regulation  of  commerce  or  %'«  ^p^efSJTo 
revenue,  to  the  ports  of  one   State  over  those  of  another:  nor  shall  P<""ts  of  one  state 
vessels  bound  to  or  from  one  State  be  obliged  to  enter,  clear,  or  pay  du-  ''^*^'"'^"°  '*^''' 
ties,  in  another. 

6.  No  m()ney  shall  be  drawn  from  the  treasury,  but  in  consequence  No  money  dmwn 
of  appropriations  made  bylaw;  and  a  regular  statement  and  account  [,y"i^'^^Receip[Ja''p'd 
of  the  receipts  and  expenditures  of  all  public  money  shall  be  published  oMpenditurespuWish- 
from  time  to  time.  ^  ' 

7.  Congress  shall  appropriate  no  money  from  the  treasury,  unless  it  Appropriations  of 
be  asked  and  estimated  for  by  the  President  or  some  one  of  the  heads  money  from  the  trea. 

_-  ~         r  ...  sur.v.     Wnea  :iu:ao- 

ot  Departments,  except  lor  the  purpose  of  paying  its  own  expenses  and  rizcd. 
contingencies. 

8.  No  title  of  nobility  shall  be   granted  by  the  Confederacy;  and  no     no  title  of  nobility 
person  holding  any  ofBce  of  profit  or  trust  under  it,  shall,  without  the  »<=  be  granted, 
consent  of  the  Congress,  accept   of  any   present,  emolument,  office,  or 

title  of  any  kind  whatever,  from  any  king,  prince  or  foreign   State. 

9.  Congress  shall  make  no  law  respecting  an   establishment  of  relig-     Religious  freedom 
ion  or  prohibiting  the  free  exercises  thereof^:  or  abridging  the   freedom     Freedom  of  speech 
of  speech,  or  of  the  press;  or  the   right  of  the  people  peaceably  to  as-  and  of  the  press, 
semble,  and  to  petition  the  government  for  a  redress  of  such  grievances     Right  of  petitioa. 
as  the  delegated  powers  of  this  Government  may  warrant  it  to  consider 

and  redress. 

10.  A  well  regulated   militia  being  necessary  to  the  security  of  a    Riifht  to  b-^ar  ar.j 
free  State,  the  right  of  the  people  to  keep  and  boar  arms  shall  not  bo  ^ceparma. 
infringed. 


4  PROVISIONAL  CONSTITUTION 

^Bartering  of  sol-      11.  No  soldier  shall,  in  time  of  peace^  be   quartered  in  any  house' 
'"*■'■  without  the  consent  of  the  owner;  nor  in   time  of  war,  but  in  a  man- 

ner to  be  prescribed  by  law. 

Onreasonabie      12.  The  right  of  the  people  to  be  sccure  in  their  persons,  houses,  pa- 
J^".ii]ru:d."'**^''"'^*'  pci'S,  and  effects,  against   unreasonable  se:irches  and  seizures,  shall  not 

No  warrant  to  ispue  be  violated  ;  and  no  warrants  shall  issue  but  upon  probable  cause,  sup- 
mstio'n'"'"'  ""^  """^  ported  by  oath  or  atfirmation,  and  particularly   describing  the  place  to 
be  searched,  and  the  persons  or  things  to  be  seized. 

Trials  for   capital       13.  No  person  shall  be  held  to  answer  for  a  capital  or  otherwise  in- 
offooces, or  infamous  fj^p„Qug  crime,  unless  on  a  presentmeut  or  indictment  of  a  grand  jury, 

No  one  to  be  twice  except  in  cases  arising   in   the  land   or  naval  forces,  or   in  the  militia, 

pirl   In   jeopardy    of       ,      '    .  ,  .'='..  -  i  i-        j  in 

life  or  limb,  for  s.ime  whcu  in  actual  service  in  time  oi  war  or  public  danger;  nor  shull  any 
!J?'irte3t°fy  aga'inst  P^''"*^"  be  subject  for  the  same  offence  to  be  twice  put  in  jeopardy  of 
himicif;  nor  be  dc-  life  Or  limb;  nor  shall  be  compelled  in  any  criminal  case,  to  be  a  wit- 
with^atpro'ccss'^of  "6SS  against  himself;  nor  be  deprived  of  life,  liberty,  or  property,  with- 
'»»  .    ,  out  dui  process  of  law;  nor  shall  private  property  be  taken  for  public 

Private    property  -aI        ^    •       ^  a-  r      r        j  r 

Boi^io  be  taken  for  use.  Without  just  Compensation. 

^mjilnsation.'^"^'*"'      ^'*-  ^"  ^^'  criminal  prosecutions,  the  accused  shall  enjoy  the  right  to 
Trial   by  jury  in  a  Speedy  and  public  trial,  by  an  impartial  jury  of  the  State  and  district 
ortmiuai  cases.  wherein  the  crime  shall  have  been  committed,  which  district  shall  have 

been  previously  ascertained  by  law,  and  to  bo  informed  df  the  nature 
and  cause  of  the  accusation  ;  to  be  confronted  with  the  witnesses  against 
him;  to  have  compulsory  process  for  obtaining  witnesses  in  his  favor; 
and  to  have  the  assistance  of  counsel  for  his  defence. 
Trial  by  jury  in  15.  In  suits  at  common  law,  where  the  value  in  controversy  shall 
cjvii  cases.  exceed  twenty  dollars,  the  right  of  trial  by  jury  shall  be  preserved  ;  and 

no  fact  tried  by  a  jury  shall   be  otherwise  re-examined  in  any  court  of 
the  Confederacy,  than  according  to  the  rules  of  the  common  law. 
Bicessive  bail  not       16.  Excessive  bail   shall   not   be  required,  nor  excessive  fines   im- 
^xces'sTve^fili'e^m-  posed,  nor  crunl  and  unusual  punishments  inflicted. 
pjs-:d  or  punishment       17^  ^he  enumeration,  in  the  Constitution,  of  certain  rights,  shall  not 

Lnu deration   of  be  coustrued  to  dcuv  Or  disparage  others  retained  by  the  people. 
STcingtrutlitodeny       l^'  ^hc  powers  uot  delegated  to  the  Confederacy  by  the  Constitution, 
others  retained  by  nor  prohibited  by  it  to  the  States,  are  reserved  to  the  States  respectively, 

"^^served  powers.     Or  (o  the  people. 

Limitation  of  the      19.  The  judicial  power  of  the  Confederacy  shall  not  be  construed  to 
udiciai power.  extend  to  any  suit  in  law  or  equity,  commenced   or   prosecuted  against 

one  of  the  States  of  the  Confederacy,  by  citizens  of  another  State,  or 
by  citizens  or  subjects   of  any   foreign  State. 

SECTION  8. 

Limitation  of  the      1.  No  State  shall  cntor  into  any  treaty,  alliance,  or  confederation  ; 
iKjweriof  lUe  Biatcs.  „j.^^t  letters  of  marque  and  reprisal  ;   coin  money  ;  emit  bills  of  credit , 
make  any  thing  but  gold  and  silver  coin  a  tender  in  payment  of  debts; 
pass  any  bill  of  attainder,  ex  post  fido  law.  or  law  impairing  the  obli- 
gation of  contracts  ;  or  grant  any  title  of  nobility. 

2.  No  ISlate  shall,  without  the  consent  of  the  Congress,  lay  any  im- 
posts or  duties  on  imports  or  exports,  except  what  may  be  absolutely 
necessaiy  for  executing  its  inspection  laws;  and  the  nett  produce  of  all 
duties  and  imposts,  laid  by  any  State  on  imports  or  exports,  shall  be  for 
the  use  of  the  tioasury  of^  the  Confederacy,  and  all  such  laws  shall  be 
subject  to  the  revision  and  control  of  the  Congress.  No  State,  shall, 
without  the  consent  of  Congress,  lay  any  duty  of  tonnage,  enter  into- 
any  agreement  or  compact  with  another  State,  or  with  a  foreign  power, 
or  engage  in  war,  unless  actjally  invaded,  or  in  such  imminent  danger 
as  will  not  admit  of  delay. 


OF  THE  CONFEDERATE  STATES.  # 

ARTICLE  II. 

SECTION  1. 

1.  The  Executive  power  shall  be  vested  in  a  President  of  the  Con-  Executire  power 
\federate  States  of  America.  He,  together  with  the  Vice  President,  ^''""^  "*  P'^^^idtm. 
shall  hold  his  office  for  one  year,  or  until  this  Provisional  Government  Duration  of  his  oi- 
shall  be  superceded  by  a  Permanent  Government,  whichsoever  shaU  "^ yfJJ.'lp"^''^^,^^'''*^' 
iirst  occur. 

2.  The  President  and  Vice-President  shall  be  elected  by  ballot  by  Manner  of  eiecMnfr 
the  Stales  represented  in  this  Congress,  each  State  casting  one  vote,  President.*"'^  ^'"'' 
and  a  majority  of  the  whole  being  requisite  to  elect. 

3.  No  person,  except  a  natural  born   citizen,  or  a  citizen  of  one  of    Qualifications, of 
the  States  of  this   Confederacy   at   the   time   of   the    adoption  of  this 
Constitution,  shall  be  eligible  to  the  office  of  President  ;   neither  shall 

any  person  be  eligible  to  that  office  who  shall  not  have  attained  the 
age  of  thirty-five  years,  and  been  fourteen  3'^ears  a  resident  of  one  of 
the  States  of  this  Confederacy. 

4.  In  case  of  the  removal  of  the   President  from  office,  or  of  his     vacancy  in  office  of 
death,  resignation,  or  inability   to  discharge   the  powers  and  duties  of  ^,'jyj'^^"'' ''°'' "***' 
the  said  office,  (which  inability  shall   be   determined  by  a  vote  of  two- 
thirds  of  the  Congress,)  the  same  shall  devolve  on  the  Vice-Picsideut ; 

and  the  Congress  may  by  law  provide  for  tbe  case  of  removal,  death, 
resijjuation,  or  inability,  both  of  the  President  and  Vice-President, 
declaring  what  officer  shall  then  act  as  President ;  and  such  officer  shall 
act  accordingly,  until  the  disability  be  removed  or  a  President  shall  be 
elected. 

5.  The  President  shall  at  stated  times  receive  for  his  services,  during  compi-nBation  f»r 
the  period  of  the  Provisional  Government,  a  compensation  at  the  rate  t^e  sewicca  of  the 
of  twenty-five  thousand  dollars  per  annum  ;  and  he  shall   not  receive 

during  that  period  any  other  emolument  from  this  Confederacy,  or  any 
of  the  States  thereof. 

6.  Before  he  enter  on  the  execution  of  his  office,  he  shall  take  the  Oath  of  office  of 
following  oath  or  affirmation  :  '^^*'  ^'^ ' 

I  do  solemnly  swear  (or  affirm)  that  I  will  faithfully  exocu'e  the 
office  of  President  of  the  Confederate  States  of  America,  and  will,  to 
the  best  of  my  ability,  preserve,  protect,  and  defend  the  Constitution 
thereof. 

SECTION  2. 

1.  The   President  shall  be   Commander-in-Chief  of  the   Army  and     Power*  «nd  <intie« 
Navy  of  the  Confederacy,  and  of  the  militia  of  the  several  States,  when  "^  '»■«  ^■■««''^«°^ 
called  into  the  actual  service  of  the  Confederacy;  he   may  require  the 

opinion,  in  writing,  of  the  principal  officer  in  each  of  the  Executive 
Departments,  upon  any  subject  relating  to  the  duties  of  their  respective 
offices  ;  and  he  shall  have   power   to  grant  reprieves  and  pardons  for    May  grant  reprieve* 

xr  •      1  ii       /I      r    1  ^  •  n  •  1  i  and  pardons. 

oneuces  against  the  Couiederacy,  except  in  cases  or  i.mpeachment. 

2.  He  shall  have  power,  by  and  with  the  advice  and  consent  of  the  .  "^y  make  treaties, 
Congress,  to  make  treaties  ;  provided   two-thirds  of  the   Congrcst;  con-  of  cougrcaa. 
cur:  and  he  shall  nominate,  and  by   and   with  the  advice  and  consent 

of  the  Congress,  shall  appoint  ambassadors,  other  public  ministers  and     a p p 0 intments  t* 
consuls,  judges  of  the  courts,  and  all  other  officers  of  the  Confederacy  ° 
whose  appointments  aie  not  herein  otherwise  provided  for,  and  which 
shall  be  established  by  law.      But  the  Congress  may,  by  law,  vest  the 
apnointrnent  of  such  inferior  officers  as  they  think  proper  in  the  Prcsi- 
<lent  alone,  in  the  courts  of  law,  or  in  the  heads  of  departments. 

3    The  President  shall  have  power  to  fill  up  all  vacancies  that  may     vacancion  during 


6  PROVISIONAL  CONSTITUTION 

'reaa*^**"  ***  *'*^  "^ ' ''^tppen  during  the  reccss  of  the   Congress,    by  granting  commissions, 
which  shall  expire  at  the  end  of  their  next  session. 

SECTION  3. 

President  to  rIvc      1.  He  shaH,  from  lime  to  time,  give  lo  the  Congress  information  of 

ConcreSH  information  ii_         .    .         c   ^i         r\       c   :i  i  i..i-  -i 

of  the  stute  of  the  the  state  01  the   Loniederacy,   and  recommend   to  their  consideration 
Confederacy.  ^uch  measures  as  he  shall  judge  necessary  and  expedient  ;   he  may,  on 

icrtls'Vn°extr\ordi-  extraordinary  occasions,  convene  the  Congress  at  such  times  as  he  shall 
uiry  occssions.         think  proper  ;  he  shall  receive  ambassadors  and  other  public  ministers  ; 
duu^r  ^'""'  """^  'le  shall  take  care  that  the  laws  be  faithfully  executed  ;  and   shall  com- 
mission all  the  officers  of  the  Confederacy. 

Removals  from  of-       2.  The  President,  Vice-President,    and  all  civil  officers  of  the  Con- 
flee  on  coaviciion  of  /•    i  i     ii  l  i  r  /r  •      •         i         i       /^ 
oriajes.                   lederacy  snail  be  removed  from  oihce  on   conviction   by  the  Congress 

of  treason,  bribery,  or  other  high  crimes  and  misdemeanors  :  a  vote  of 

two-thirds  shall  be  necssary  for  such  conviction. 

ARTICLE    III. 

SECTION  1. 

Judicial    power      1.  The  judicial   power  of  the  Confederacy   shall  be  vested  in  one 

Oourf,  etc."  "''"'^*^  Supreme  Court,  and  in  such   inferior   courts  as  are  herein  directed,  or 

as  the  Congress  may  from  time  to  time  ordain  and  establish. 

District  Courts  es-      2.   Each  State  shall   constitute  a  District,*  in  which  there  shall  be  a 

JJ*}j^['i^^^;  ">•=■"■  J"- court  called   a  District   Court,    which,  until  otherwise  provided  by  the 

Congress,   shall  have  the  jurisdiction  vested  b}-  the  laws  of  the  United 

States,  as  far  as  applicable,  in  both  the  District  and  Circuit  Courts  of  the 

United  States,  for  that  State;  the  Judge  whereof  shall  be  appointed  by 

the  President,  by  and  with    the   advice    and  consent  of  the   Congress, 

,  and  shall,  until  otherwise  provided  by  the  Congress,  exerci.=e  the  power 

and  authority  vested  by  the  law^s  of  the  United  States  in  the  Judges  of 

the  District  and  Circuit  Courts  of  the  United  States,  for  that  State,  and 

shall  appoint  the   times   and  places  at  which  the    courts  shall  be  held. 

Appeals  from  Dia-  Appeals  ma)'  be  taken  directly  from  the  District  Courts  to  the  Supreme 

a^rerae  Court.'"  ""^  Court,  Under  similar  regulations  to  those   which  are  provided  in  cases 

of  appeal  to  the  Supreme   Court  of  the    United    States,   or  under  such 

When  commissions  regulations  PS  mav  be  provided  bv  the  Congress.     The  commissions  of 

of  the  judges  expire.     ,P^.       .      ,  ,     f,  T  -lU   *i  •      d        •    •         i  r'  t 

all  the  judges  shall  expire  with  this  Provisional  Government. 
itft'utcTof^°he'n^.'      3.  The  Supreme  Court  shall  be  constituted  of  allthe  District  Judges, 
triH  judK,;s ;  when  a  majority  of  whom  shall  be  a  quorum,   and  shall  sit  at  such  times  and 

and  wliere  to  sit.  i  .u       ii  u    li  ■     l 

places  as  the  Congress  shall  appoint. 

''iT" c""^  "'^ ''T^'^*      '^'  "^''^  Congress  shall   have  power  to  make  laws  for  the  transfer  of 

u.iitcd  States,  to  tiie  any  causcs  which  were  pending  in   the   courts  of  the  United  States,  to 

oourte  of  the Confed- ^j,g  couits  of  the  Confederacy,   and  for   the   execution    of  the   orders, 

Decrees,  etc.,  of  dccrces  and  judgments  heretofore  rendered   by   the   said  courts  of  the 

^ i^ot*e'c"tion  of  p a r-  United  Statcs  ;   and  also  all  la-vs  which  may  be   requisite  to  protect  the 

UMtoBuitg.  parties  to  all  such   suits,   orders,  judgments,   or   decrees,  their  heirs, 

personal  representatives,  or  assignees. 

SECTION  2. 

Txtent  of  judicial      L  The  judicial  power  shall   extend   to  all  cases  of  law  and  equity, 
'*"'*'■  arising  under  this  Constitution,  the  laws  of  the    United    States,   and  of 

this  Confederacy,  and  treaties  made,  or  which  shall  be  made,  under  its 
authority  ;  to  all  cases  affecting  ambassadors,  other  public  ministers  and 
consuls;  to  all  cases  of  admiralty  and  maritime  jurisdiction  ;  to  contro- 
versies to  which  the  Confederacy  shall  be  aparty  ;  controversies  betweea. 

*Thl8  paragraph  amended.    Bee  post,  p.  9. 


OF  THE  CONFEDERATE  STATES.  7 

two  or  more  States ;  between  citizens  of  different  States ;  between  citi- 
zens of  the  same  States  claiming  lands  under  grants  of  different  States. 

2.  In  all  cases  affecting  ambassadors,  other  public  ministers  and  0'''gi''ai  jurisdic 
consuls,  and  those  in  -which  a  Stnte  shall  be  a  party,  the  Supreme  Couit  coun"  *  "P^eme 
shall  have  original  jurisdiction.  In  all  the  other  cases  before  mentioned,  Appellate  jurisdic- 
the  Supreme  Court  shall  have  appellate  jurisdiction,  both  as  to  law  and  tion. 

fact,  with  such  exceptions  and  under  such  regulations  as  the  Congress 
shall  make. 

3.  The  trial  of  all  crimes  except  in  cases  of  impeachment,  shall  be      Tnaibyjury. 
by  jury,  and  such  trial  shall  be  held  in  the  State  where  the  said  crimes 

shall  have  been  committed;  but  when  not  committed  within  any  State, 
the  trial  shall  be  at  such  place  or  places  as  the  Congress  may  by  law 
have  directed. 

SECTION  3. 

1.  Treason  against  this  Confederacy  shall  consist  only  in  levying  What  constitutes 
war  against  it,  or  in  adhering  to  its  enemies,  giving  them  aid  and  com-  be^proved!'^  **°^  ** 
fort.     No  person  shall  be  convicted  of  treason  unless  on  the  testimony 

of  two  witnesses  to  the  same  overt  act,  or  on  confession  in  open  court. 

2.  The  Congress  shall  have  power  to  declare  the  punishment  of  trea-  Punishment  of  tre* 
son  ;  but  no  attainder  of  treason  shall  work  corruption  of  blood,  or  for-  co^rnption  of  blood. 
feiture,  except  during  the  life  of  the  person  attainted.  «'<=• 


ARTICLE  IV. 

SECTION  1. 

1.  Full  faith  and  credit  shall  be  given  in  each  State  to  the  public    The  public  acts.etc.. 
acts,  records,  and  judicial  proceedings  of  every  other  State.     And  the  fuu  faith  "and  credit. 
Congress  may,  by  general  laws,  prescribe  the   manner  in  which  such 
acts,  records,  and  proceedings  shall  be  proved  and  the  effect  of  such 
proof. 

SECTION  2. 

1.  The  citizens  of  each  State  shall  be  entitled  to  all  privileges  and    citizens  of  the 
immunities  of  citizens  in  the  several  States.  fJuaYprwuges.'^  '" 

2.  A  person   charged   in  any   State   with  treason,   felony,  or  other    Fugitives  from  jos- 
crime,  who  shall  flee  from  justice,  and  be  found  in  another  Stnte,  shall,  *'"^^- 

on  demand  of  the  executive  authority  of  the  State  from  which  he  fled, 
be  delivered  up,  to  be  removed  to  the  State  having  jurisdiction  of  the 
crime. 

3.  A  slave  in  one  State,  escaping  to  another,  shall  be   delivered  up     Fugitive  eiaves. 
on  claim  of  the  party  to  whom  said  slave  may  belong  by  the  executive 

authority  of  the  State  in  which  such  slave  shall  be  found,  and  in  case     in  case  of  abduc- 
of  any  abduction  or  forcible  rescue,  full   compensation,  including  the  slave,^fuu  compensV 
value  of  the   slave  and   all  costs  and  expenses,   shall  be  made  to  the  tion  to  be  made, 
party,  by  the  State  in  which  such  abduction  or  rescue  shall  take  place. 

SECTION  3. 

1.  The  Confederacy  shall  guarantee  to  every  State  in  this  union,  a„  Republican  form  of 

,•'  °  •'  i/>i  •  government    guaran- 

republican  form  ot  government,  iind  shall  protect  each  of  them  against  teed  to  each  state; 
invasion;  and,  on  application  of  the  legislature,  or  of  the  executive,  fnvasi'o°'an^'"d(,^^ 
(when  the  legislature  cannot  be  convened,)  against  domestic  violence,  tic  violence. 


PROVISIONAL  CONSTITUTION. 

ARTICLE  V. 

Amendmeniato      1.  The  Congress,  by  a  vote  of  two-thirds,  may,  at  any  time,  alter  or 
conBtituiion.  amend  this  Constitution. 

ARTICLE  VL 

The  Constitution,      1.  This  Constitution,  and  the  laws  of  the  Confederacy  which  shall 

laws  of  the  ConfeUe-  .  ,      .  ,'  ,.  ,      ,i  •  i  i  •    i       i     n  i 

racy  and  treaties,  the  be  made  in  pupsuancc  thereof,  and  all  treaties  made,  or  which  shall  be 
•npreme  law  of  the  j^^^^^  yj^jgj.  ^i,g  authority  of  the   Confederacy,  shall  be  the  supreme 
law  of  the  land  ;  and  the  judges  in  every  State  shall  be  bound  thereby, 
an}'  thing  in  the  Constitution  or  laws  of  any  State  to  the  contrary  not- 
withstanding. 
All  matters  between      2.  The  Government  hereby  instituted  shall  take  immediate  steps  for 

the   States  forming    ,  r      ^\  i  lo  r  ■         ■  ii- 

this  Government,  and  the  settlement  of  all  matters  between  the  States  forming  it,  and  their 
ratL^'of^Ihe'untfed  o'^er  late  confederates  of  the  United  States  in   relation  to  the   public 
Etates, tobesetued,   property  and  public  debt  at  the   time  of  their  withdrawal   from  them; 
these  States  hereby  declaring  it  to  be  their  wish  and  earnest  desire  to 
adjust  everything  pertaining  to  the  common  property,  common  liabili- 
ty and  common  obligations  of  that  union,  upon  the  principles  of  right, 
justice,  equity,  and  good  faith. 
Seat  of  Govern-      3.   Until  Otherwise  provided  by  the  Congress,  the  city  of  Montgom- 
^  "■  ery  in  the  State  of  Alabama,  shall  be  the  seat  of  Government. 

Oath  of  members  of      /^    -pj^g  members  of  the  Congress  and  all  executive  and  judicial  offi- 

Congress,  and  of  ex-  o  ,«  • 

ecutive  and  judicial  ccrs  of  the  Confederacy  shall  be  bound  by  oath  or  affirmation  to  sup- 
"  No"eiigious  test  poft  this  Constitution  ;  but  no  religious  test  shall  be  required  as  aqual- 
required  as  quaiifica-  ificatiou  to  any  office  or  public  trust  under  this  Confederacy. 

tM)n  for  oflice.  j  i  j 

Done  in  the  Congress,  by  the  unanimous  consent  of  all  the  said 
States,  the  Eighth  day  of  February,  in  the  year  of  our  Lord,  One 
Thousand,  Eight  Hundred  and  Sixty-One  ;  and  of  the  Confederate 
States  of  America,  the  first.  In  witness  whereof,  we  have  hereunto 
subscribed  our  names.  HOWELL  COBB, 

President  of  the  Congress. 

South  Carolina. — R.  Barnwell  Rhett,  R.  W.   Barnwell,  James   Ches- 

nut,  Jr.,  C.  G.  Memmingcr,  Wm.  Porcher  Miles,  Lawrence  M.  Keitt, 

William  W.  Boyce,  Tho!  J.  Withers. 
Georgia. — R.  Toombs,  Francis  S.  Bartow,  Martin  J.  Crawford,  E.  A. 

Nisbet,  Benjamin  H.  Kill,  Auguj^tus  R.  Wright,  Thos.  R.  R.  Cobb, 

A.  H.  Kenan,  Alexander  H.  Stephens. 
Florida. — Jackson  Morton,  Jas.  B.  Owens,  J.  Patton  Anderson. 
Alabama.— K\c\\d.v(i   W.   Walker,  Robt.  H.   Smith,    Colin   J.   McRae, 

Jno.  Gill  Shorter,  William  Parish  Chilton,  Stephen   F.  Hale,  David 

P.  Lewis.  Tho.  Fearn,  J.  L.  M.  Curry. 
Mississippi. — W.  P.  Harris,  Alex.   M.  Clayton,  W.   S.  Wilson,  James 

T.  Harrison,  Walker  Brooke,  William  S.'  Barry,  J.  A.  P.  Campbell. 
Louisiana. — John  Perkins,  Jr.,  Alex,  de  Clouet,  C.  M.  Conrad,  Duncan 

F.  Kenner,  Edward  Sparrow,  Henry  Marshall. 

By  a  vote  of  the  Congress,  on  the  second  day  of  March,  in  the  year 
1861,  the  Deputies  from  the  State  of  Texas  were  authorized  to  sign  the 
Provisional  Constitution  above  written. 

Attest,  J.  J.  HOOPER, 

Secretary. 
Texas. — Thomas  M.  Waul,  Williamson  S.  Oldham,  John  Gregg,  John 
H.  Reagan,  W.  B.  Ochiltree,  John  Hemphill,  Louis  T.  Wigfall. 


AMENDMENT 


PROVISIONAL  CONSTITUTION 


CONFEDERATE  STATES. 


An  Ordinance  of  the  Convention  of  the  Congress  of  the  Confederate  States.  May  21, 1861. 

Be  it  ordained  by  the  Congress  of  the  Confederate  States  of  Ame- 
rica, That  the  second  paragraph  of  the  first  section  of  the  third  Article  ^  trutTsr'i  art  o1 
of  the  Constitution  of  the  Confederate  States  of  America,  be  so  amend-  Viovisionai  Coustiiu- 
ed  in  the  first  line  of  said  paragraph,  as  to  read,    "Each  state  shall, 
until  otherwise  enacted  by  law,  constitute  a  district;"  and  in  the  sixth 
line,  after  the  word  "judge/'  add  "or  judges." 

Approved  May  21,  1861. 


CONSTITUTION" 


CONFEDERATE   STATES  OF  AMERICA, 


♦ 


We,  the  people  of  the  Confederate  Stales,  each  State  acting  in  its  thrcoSuUon  was 
sovereign  and  independent  character,  in  order  to  form  a  permanent  oniuined  and  estub- 
federal  government,  establish  justice,  insure  domestic  tranquility,  and  '"'^ 
secure  the  blessings  of  liberty  to  ourselves  and  our  posterity — invoking 
the  favor  and  guidance  of  Almighty  God — do  ordain  and  establish  this 
Constitution  for  the  Confederate  States  of  America. 

ARTICLE    I. 

SECTION  1. 

All  legislative  powers  herein  delegated  shall  be  vested  in  a  Congress    Lefjisiative  power 
of  the  Confederate  States,  which  shall  consist  of  a  Senate  and  House  ^^^*  "^  ongrcss. 
of  Representatives. 

SECTION  2. 

1.  The  House  of  Representatives  shall  be  composed  of  members  ^  """.'^^of   Rcpre- 
chosen  every  second  year  by  the  people  of  the  several  States  ;   and  the  chosen;  qualification 
electors  in  each  State  shall  be  citizens  of  the  Confederate  States,  and  '^^  e'e«'o'"8- 
Imve    the  qualifications   requisite  for  electors  of  the   most  numerous 

branch  of  the  State  Legislature;  but  no  person  of  foreign  birth,  not  a 
citizen  of  the  Confederate  States,  shall  be  allowed  to  vote  for  any  officer, 
civil  or  political.  State  or  Federal. 

2.  No  person  shall  be  a  Representative  who  shall  not  have  attained     Qualifications     or 
the  age  of  twenty-five  years,  and  be  a  citizen  of  the  Confederate  States, 

and  who  shall  not,  when  elected,  be  an  inhabitant  of  that  State  in 
which  he  shall  be  chosen. 

3.  Representatives  and  direct  taxes  shall  be  apportioned  among  the  t;  "g]^„^di'r'ec?trxe8 
several  States,  which  may  be  included  within  this  Confederacy,  accord-  arc  apportioned, 
ing  to  their  respective  numbers,  which  shall  be  determined,  by  adding 

to  the  whole  number  of  free  persons,  including  those  bound  to  service 
for  a  term  of  years,  and  excluding  Indians  not  taxed,  three-fifths  of  all 
slaves.     The  actual  enumeration  shall  be  made  within  three  3'e:irs  after     Census  to  be  taken 
the  first  meeting  of  the  Congress  of  the  Confederate  States,  and  within  '^"^^  en  years, 
every  subsequent  term  of  ten  years,  in  such  manner  as  they  shall  b}' 
law  direct.     The  number  of  Representatives  shall  not  exceed  one  for  atioVilmited^.^'^^^*" 
every  fifty  thousand,  but  each  State  shall  have  at  least  one  Represent- 
ative ;  and  until  such  enumeration  shall  be  made,  the   State  of  South 
Carolina  shall  be  entitled  to  choose  six  ;   the  State  of  Georgia  ten  ;   the 
S-tate  of  Alubama  nine;  the  State  of  Florida  two;  the  State  of  Missis- 
sippi seven  ;  the  State  of  Louisiana  six;  and  the  State  of  Texas  six. 


12  CONSTITUTION  OF   THE  CONFEDERATE  STATES. 

vacanciei  in   the      4    When  vawcancics  happen  in  the  representation  from  any  State,  the 
flued.  Executive  authority  thereof  shall  issue  writs  of  election   to  fill  such 

vacancies, 
nouse  chooses  iu  5.  The  House  of  Representatives  shall  choose  their  Speaker  and 
er oHmp^lrhmcnt!.''  Other  officers ;  and  shall  have  the  sole  power  of  impeachment ;  except 
that  any  judicial  or  other  Federal  officer,  resident  and  acting  solely 
within  the  limits  of  any  State,  may  be  impeached  by  a  vote  of  two- 
thirds  of  both  branches  of  the  Legislature  thereof. 

SECTION  8. 

Senate;  how  com-      J.  x|^e  Senate  of  the  Confederate  States  shall   be  composed  of  two 

posed.  i»euators ;  1      o  i  /•  • 

how  chosen.  Senators    from  each   State,  chosen  for   six   years  by  the    Legislature 

thereof,  at  the  regular  session  next  immediatply  preceding  the  com- 
mencement of  the  term  of  service  ;  and  each  tfenator  shall  have  one 
vote. 

toTrle'cw'f ** '"■  -•  Immediately  after  they  shall  be  assembled,  in  consequence  of  the 
first  election,  they  shall  be   divided  as  equally  as   may  be  into  three 

at^'vac*au:d°^^"'  ^lasses.  The  seats  of  the  Senators  of  the  first  class  shall  be  vacated 
at  the  expiration  of  the  second  year;  of  the  second  class  at  the  expira- 
tion of  the  fourth  year  ;  and  of  the  third  class  at  the  expiration  of  the 
Executive  of  a  sixth  year  ;  so  that  one-third  may  be  chosen  every  second  year  ;    and 

State  may  fill  vacan-  ./.  •        1  1  •  ,-  .1  ■  ,       •         .1  r 

cy  during  recess  of  »i  vacancies  happen  by  resignation,  or  otherwise,  during  the  recess  of 
Legislature.  tj^g  Legislature  of  any  Slate,  the  Executive  thereof   may  make   tem- 

porary appointments  until  the  next  meeting  of  the  Legislature  which 
shall  then  fill  such  vacancies. 
Qualifications     of      3,  No  pcrson  shall  be  a  Senator  who  shall  not  have  attained  the  age 
of  thirty  years,  and  be  a  citizen  of  the  Confederate  States;  and  who 
shall  not,  when  elected,  be  an  inhabitant  of  the  State  for  which  he  shall 
be  chosen. 
PrlsidenroT'senatJ^      ^'  '^^^  ^^'^^  President  of  the  Confederate  States  shall  be  President 
votes  only  on  equal  of  the  Senate,  but  shall  have  no  vote  unless  they  be  equally  divided, 
^'senate  chooses  its      ^'  '^^^  Senate  shall  choose  their  other  officers  ;   and  also  a  President 
officers.  When  it  may  ^ro /ew/?ore  in  the  absence  of  the  Vice  President,  or  when  he  shall 
tempore!^^'  ^"  ^^'^  exercisc  the  office  of  Pre.'-ident  of  the  Confederate  States. 
Senate    has    sole      6.  The  Senate  shall  have  the  sole  ijower  to  try  all   impeachment^ 

power  to  try  Impeach-  ..j,  .     .  „  ,  ,  ,     ,,    ,  "'        ,  n- 

ments.  When  Sitting  for  that  purpose,  they  shall  be  on  oath  or  affirmation. 

«id?8  whe'll'^i-re'sid'eu;  ^^hen  the  President  of  the  Confederate  States  is  tried,  the  Chief  Jus- 
'siried.  tice  shall  preside;  and  no  person  shall  be  convicted  without  the   con- 

currence of  two-thirds  of  the  members  present. 
on^inn)each^"e''n^t™*°'      '^ '  Judgment  in  casos  of  impeachment  shall  not  extend  further  than 
"       to  removal  from  office,  and  di.-<qualifica(ion  to  hold  and  enjoy  any  office 
subjeJt\otadi"ctmlu't  of  hono"*.  ^^'^^^  o"*  profit,  Under  the  (Confederate   States;    but   the  party 
*"»w.  convicted  shall,  nevertheless,  be  liable  and  subject  to  indictment,  trial, 

judgment  and  punishment  according  to  law. 

SECTION  4. 

manner'  of  electing  !•  The  timcs,  places  and  manner  of  holding  elections  for  Senators  and 
sSve8'\''how'prel  Representatives,  shall  be  prescribed  in  each  Slate  by  the  Legislature 
ecribed.    '  thereof,  subject  to  the  provisions  of  this  Constitution  ;   but  the  Congress 

may,  at  any  lime,  by  law,  make  or  alter  such  regulations,  except  as  to 

the  times  and  places  of  choosing  Senators. 
yihea   Congress^'io      ^'  "^ '^^  Congress  shall  assemble  at  least  once   in  every  year ;    and 
«sct.  such  meeting  shall  be  on   the  first  Monday  in  December,  unless  they 

shall,  by  law,  appoint  a  different  day. 


CONSTITUTION  OF  THE  CONFEDERATE  STATES.  IS 

SECTION  5. 

1.  Each   House  shall   be  the  judge  of  the  elections,  returns,  and    ^nch    House   the 
qualifications  of  its  own  members,  and  a  majority  of  each  shall   con-  i^Mtrown'^membfrs! 
stitute  a  quorum  to  do  business  ;    but   a    smaller  number    may  adjourn  a  majority  to  consti- 
from  day  to  day,  and  may  be  authorized  to  compel   the  attendance  of  "  ^  **  i"°''"'"- 
absent  members,  in  such  manner  and    under  such   penalties  as   each 

House  may  provide. 

2.  Each  House  may  determine  the  rules  of  its  proceedings,  punish     ^^ch  House  to  de- 
its  members  for  disorderly  behavior,  and  with  the  concurrence  of  two-   "'^'"^"'" 
thirds  of  the  whole  number  expel  a  member. 

3.  Each   House  shall   keep  a  journal   of    its  proceedings,  and   from     Fach  House  to  keep 
time  to  time  publish  the  same,  excepting  such   parts   as   mav  in  their  *J°"'"*'' 
judgment  require  secrecy;   and  the  yeas  and  nays  of  the  members  of     Yeas  and  nays, 
either  House,  on  any  question,  shall,  at  the  desire  of  one-fifth  of  those 

present,  be  entered  on  the  journal. 

4.  Neither  House,  during  the  session  of  Congress,  shall,  without  the  Adjournment  of 
consent  of  the  other,  adjourn  for  more  than  three  days,  nor  to  any  other  ortKhe"/ "'"'*°* 
place  than  that  in  which  the  two  Houses  shall  be  sitting. 

SKOTION  6. 

1.  The  Senators  and  Representatives  shall  receive  a  compensation  for  CompenRation  of 
their  services,  to  be  ascertained  by  law,  and  paid  out  of  the  treasury  of  C^g^,!"''' "'^''" '"■'''■ 
the  Confederate  States.    They  shall,  in  all  cases,  except  treason,  felony, 

and  breacli  of  the  peace,  be  privileged  from  arrest  during  their  at- 
tendance at  the  session  of  their  respective  Houses,  and  in  goin:^  to  and 
returning  from  the  same  ;  and  for  any  speech  or  debate  in  either  House, 
they  shall  not  be  questioned  in  any  other  place. 

2.  No  Senator  or  Representative  shall,  during  the  time  for  which  he     Disability  to  how 
was  elected,  be  appointed  to  any  civil  office  under  the  authorit}'  of  the  '^^"*'"  °'^'=^*- 
Confederate  States,  which  shall  have  been   created,  or  the  emoluments 

whereof  shall  have  been  increased   during   such   time  ;   and  no   person 

holding  any  office  under  the  Confederate   v'>tates  shall   be  a  member  of 

either    House  during  his  continuance  in  office.      But  Congress  may,  by 

law,  grant  to  the  principal  officer  in  each  of  the  Executive  Departments     Principal  officers  in 

a  seat  upon  the  tioor  of  either  House,  with  the   privileire  of  discussino-  tJie  Departments  may 

'  1    •    •         .      1  •      1       '     .  ,  '  °  "  sit  in  longres.i;  and 

any  measures  appertaining  to  his  departmont.  discuss  certain  mea 

sures. 
SICTION  7. 

1.  All  bills  for  raising  revenue  shall  originate  in  the  House  of  Biiis  for  raising 
Representatives;  but  the  Senate  may  propose  or  concur  with  amend-  llJg"^^U.'^^^^^  '** 
ments,  as  on  other  bills. 

2.  Every  bill  which  shall  have  passed  both  Houses,  shall,  before  it  Power  of  the Presi 
becomes  a  law,  be  presented  to  the  President  of  the  Confederate  States;  llnaVinR'^  nuvs.Tn d 
if  he  approve,  he  shall  sign  it;  but  if  not,  he  shall  return  it,  with  his  P'cceedings  therein 
objections,  to  that   House  in   which  it  shall   have  originated,  who  shall 

enter  the  objecticns  at  large  on  their  journal,  and  proceed  to  reconsider 
it.  If,  after  such  reconsideration,  two-thirds  of  that  House  shall  agree 
to  pass  the  bill,  it  shall  be  sent,  together  with  the  objections,  to  the 
other  House,  by  which  it  shall  likewise  be  reconsidered,  and  if  ap- 
proved by  two-thirds  of  that  House,  it  shall  become  a  law.  But  in  all 
such  cases,  the  votes  of  both  Houses  shall  be  determined  by  yeas  and 
nays,  and  the  names  of  the  persons  voting  for  and  against  the  bill  shall 
be  entered  on  the  journal  of  each  House  respectively.  If  any  bill  shall 
not  be  returned  by  the  President  within  ten  days  (Sundays  excepted) 
after  it  shall  have   been  presented   to  him,  the  same  shall  be  a  law,  in 


14  CONSTITUTION  OF  THE  CONFEDERATE  STATES. 

like  manner  as  if  he  had  sijrned  it,  unless  the  Congress,  by  their  ad- 
journment, prevent  its  return;  in  which  case  it  shall  not  be  a  law. 
The  President  may  approve  any  appropriation  and  disapprove  any  other 
appropriation  in  the  same  bill.  In  such  case  he  shall,  in  signing  the 
bill,  designate  the  appropriations  disapproved;  and  shall  return  a  copy 
of  such  appropriations,  with  his  objections,  to  the  House  in  which  the 
bill  shall  have  originated  ;  and  the  same  proceedings  shall  then  be  had 
as  in  case  of  other  bills  disapproved  by  the  President. 
F»me  as  to  resoiu-  3.  Every  Order,  resolution  or  vote,  to  which  the  concurrence  of  both 
lionF,  etc.  Houses  may  be  necessary,  (except  on  a  (juestion  of  adjournment,)  shall 

be  presented  to  the  President  of  the  Confederate  States ;  and  before  the 
same  shall  take  effect,  shall  be  approved  by  him  ;  or  being  disapproved 
by  him,  shall  be  re-passed  by  two-thirds  of  both  Houses,  according  to 
the  rules  and  lim.itations  prescribed  in  case  of  a  bill. 

SECTION'  S. 

The  Congress  shall  have  power — 

Power  of  Congress.      J.  To  lay  and  collect  taxes,  duties,  imposts,  and  excises,  for  revenue 

To  lay  taxes;  but  neccssary  to  pay  the  debts,  provide  for  the  common  defence,  and  carry 

nor 'to^iay't^xrs'm- on  the  government  of  the  Confederate   States;    but  no   bounties  shall 

duties  to  foster  any  [jg  orvanted  from  the  treasury;   nor  shall  any  duties  or  taxes  on  iniporta- 

branch  of  industry.       ..     °    ^  r.        ■  ,■  u     l    'I  t  i  f     .  u  u      <  • 

tions  from  foreign  nations  be  laid  to  promote  or  foster  any  branch  of  in- 

Puties  to  be  uni-  dustry  ;  and  all  duties,  imposts,  and  excises  shall  be  uniform  through- 

'"''"•  out  the  Confederate  States: 

To  borrow  money.      2.  To  borrow  mooe}'  on  the  credit  of  the  Confederate  States: 

To  regulate  com-      3.  fo  rcgulatc  Commerce  with  foreign  nations,  and  among  the  sove- 

^ro'priate"money°  for  ral   Stites,  and  with   the  Indian  tribes;   but  neither  this,  nor  any  other 

internal  improve-  dause  Contained  in  the  constitution,  shall  ever  be  construed  to  delegate 

raents,  except  forcer-  .     '  •     ,  ,   • 

tain  purposes.  the  powcr  to  Longress  to  appropriate  money  lor  any  internal  improve- 

rr.ent  intended  to  facilitate   commerce  ;   except  for  the  purpose  of  fur- 
nishing lights,  beacons,  and  buoys,  and  other  aids  to  navigation  upon  the 
coasts,  and  the  improvement  of  harbors   and   the  removing  of  obstruc- 
whentoiay  duties  (ions  in  river  navigation,  in  all  which  cases,  such  duties  shall  be  laid  on 
on  navigation.  ^^^  navigation  faciliiated  thereby,  as  may  be  necessary  to  pay  the  costs 

and  expenses  thereof: 
To  make  iaw3  as  to      4.  To  establish  Uniform  laws  of  naturalization,  and  uniform  laws  on 
b^r^kTuS""    ^'"^  the  subject  of  bankruptcies,  throughout   the    Confederate   States;  but 
no  law  of  Congress  shall  discharge  any  debt  contr.-icted  before  the  pas- 
_  ,  sage  of  the  same  : 

To  coin  money,  and       "vm  •  iiji  in  c        :t     c  c       •  •  i 

fix  the  standard  of      5.  To  coin  moncj,  regulate  the  value  thereof  and  of  foreign  coin,  and 
weights  and  mea-  ^^  ^^^  standard  of  weights  and  measures: 

^  To  punish  counter-      6.  To  provide  for  the  punishment  of  counterfeiting  the  securities  and 
current  coin  of  the  Confederate  States: 
To  establish  post-      7.  To  establish  post-otlices  and  post-routes;   but  the  expenses  of  the 
*°^*^*'  Post-office  Department,  after  the  first  day  of  March  in  the  year  of  our 

Lord  eighteen  hundred  acd  sixty-three,  shall   be  paid  out  of  its  own 
revenues: 
To  promote  science      8.  To  piomote  the  progress  of  sciencc  and   useful  arts,  by  securing 
and  useful  arts.         for  limited  tinies  to  authors  and  iuventors  the  csclusive  right  to  their 
respective  writings  and  discoveries  : 
To  constitute  infe-      9.  To  Constitute  tribunals  inferior  to  the  Supreme  Court: 
"to  punish  piracies      10.  To  define  and  punish  piracies  and  felonies  committed  on  the  high 
h°'|j /!"*'g"'"^'  °"  '''"  ^^^^'  ^^^  offences  against  the  law  of  nations  : 
To  declare  war,  etc.      11.  To  declare  War,  grant  letters  of  marque  and  reprisal,  and  make 

rules  cor.cerning  captures  on  land  and  water: 
To  raise  urmies.  12.  To  raise  and  support  armies;   but  no  appropriation  of  money  to 

that  use  shall  be  for  a  longer  term  than  two  years: 


CONSTITUTION  OF  THE  CONFEDERATE  STATES.  ib 

13.  To  provide  and  maintain  a  navy:  To  provide  a  Navy. 

14.  To  make  rules  for  the  government  and  reaulation  of  the  land  and  ,  ^o  make  rules  for 

o  =  Army  and  IS  avy. 

naval  forces  : 

15.  To  provide  for  calling  forth  the  militia  to  execute  the  laws  of  the  Toprovweforcaii- 
Confederate  States,  suppress  insurrections,  and  repel  invasions;  mg  out  the  muitia. 

16.  To  provide  for  oreianizino:,  arming,  and  disciplining  the   militia,     To  provide  for  or- 

j   r  ■  I  i      r  iL  I  I  J  •      ii  ganizing  militia,  etc. 

and  for  governing  such  part  oi  them  as  may  be  employed  in  the  ser- 
vice  of  the  Confederate  States;  reserving  to  the  Slates,  respective!}', 
the  appointment  of  the  officers,  and  the  authority  of  training  the  militia 
according  to  the  discipline  prescribed  by  Congress  : 

17.  To  exercise  exclusive  legislation,   in  all  cases  whatsoever,  over    To  exerci!!e  exciu- 

,,....,.  J.  ,^  .,  V  1  •  f  sive    legislation   over 

such  district  (not  exceeding  ten   miles  square)   as  may,   by  cession  or  se«t  of  government 
one  or  more  States  and  the  acceptance  of  Congress,  become   the  seat  over  the  c.  s.,  and 

^'  1  -i-i       certain  other  places. 

of  the  government  ot  the  Confederate  States:  and  to  exercise  like 
authority  over  all  places  purchased  by  the  consent  of  the  legislature  of 
the  State  in  which  the  same  shall  be,  for  the  erection  of  forts,  maga- 
zines, arsenals,   dockyards,  and  other  needful  buildings :  and 

18.  To  make  all  laws  which  shall  be  necessary  and  proper  for  carry-  neclaar^'yand'pr'o'p'r 
ing  into  execution  the  foregoing  powers,  and  all  other  powers  vested  to  execute  other pow- 
by  this  Constitution  in  the  government  of  the   Confederate  States,  or  "^"^ 

in  any  department  or  officer  thereof. 

SEOTION  9. 

1.  The  importation  of  negroes  of  the  African  race,  from  any  foreign  importation  of  Afri- 
country  other  than  the  slaveholding  States  or  Territories  of  the  United  ^^'^^  ""e'""^  f"'"'''''- 
States  of  America,  is  hereby  forbidden  ;   and   Congress   is  required  to 

pass  such  laws  as  shall  eflectually  prevent  the  same. 

2.  Congress  shall  also  have  power  to  prohibit  the  introduction  of  introduction  of 
slaves  from  any  State  not  a  member  of,  or  Territory  not  belonging  to, 

this  Confederacy. 

3.  The  privilege  of  the  writ  of  habeas  corpus  ^hM  not  be  suspended,  ^^iT,'!!!"/,  'l"^"*" 

I       _       o  r  1  1.  /■  corpus  not  to  be  sus- 

unless  when  m  cases  of  rebellion  or  invasion  the  public   safety   may  pended. 
require  it.  • 

4.  No  bill  of  a-ttainder,  expost  faclo  law,  or  law  denying  or  impa[i]r-  ,,j.^,'";%x[/a"o7aw8' 
ing  the  right  of  property  in  negro  slaves  shall  be  passed.  or  lawa  impairing 

5.  No  capitation  or  other  direct  tax  .shall  be  laid,  unless  in  propor-  slaves."  '"^"^"""'^  '" 
tion  to  the  census  or  enumeration  hereinbefore  directed  to  be  taken. 

6.  No  tax  or  duty  shall  be  laid  on  articles  exported  from  any  State,     No  tax  on  article* 

.    ,  ,        r    .  ii  •     1        r   1     ii     TT  exported  from    any 

except  by  a  vote  oi  two-thirds  of  both  Houses.  state. 

7.  No  preference  shall  be  given  by  any  regulation  of  commerce  or  "^^^  gPp^/"*"''|j^\" 
revenue  to  the  ports  of  one  State  over  those  of  another.  over  another. 

8.  No  money  shall  be  drawn  from  the  trcasury,  but  in  consequence  .  No  money  drawn 

_  .      .   -^  •'  '  1  from  the  treasury  but 

ot  appropriations  made  by  law  ;  and  a  regular  statement  and  account  bylaw.  Receipts  and 
of  the  receipts  and  expenditures  of  all  public  money  shall  be  published  expenditure,  publish - 
from  time  to  time. 

9.  Congress  shall  appropriate   no   money  from   the  treasury  except     Appropriations  of 

u  L        e   L  ,1  •     1        /■  1     .1    TT  ,1  I  1  1  money  fromtlietrca 

by  a  vote  ot  two-thirds  of  both  Houses,. taken  by  yeas  and  nays,  unless  suryj  when  author 

it  be  asked  and  estimated  for  by  some  one  of  the  heads  of  departments,  '''■'^'^• 

and  submitted   to    Congress   by  the  President ;   or   for  the  purpose  of 

paying   its  own   expenses   and   contingencies;  or  for  the  payment  of 

claims  against  the  Confederate  States,  the  justice  of  which  shall  have 

been  judicially  declared  by  a   tribunal  for  the  investigation  of  claims 

against  the  government,  which  it  is  hereby  made  the  duty  of  Congress 

to  establish! 

10.  All  bills  appropriating  money  shall  specify  in  federal,  currency  BiUs  appropriaiin? 
the  exact  amount  of  each  appropriation  and  the  purposes  for  which  it  ^Jy.'"'^''  ^''^'^^  ^^'" 


IB  CONSTITUTION  OF  THE  CONFEDERATE  STATES. 

Concern  to  grant  jg  made  ;  and  Consrress  shall  grant  no  extra  compensation  to  any  public 

no  extra  conipen«a-  ~,  °  ^  "  ,        r  i.  ii.i'^i 

tjon  to  coniractors  Contractor,  onicer,  agent  or  servant,  alter  such  contract  shall  have  been 
fcnd officers.  nnade  or  such  service  rendered. 

Titles  of  nohiuty      ^^-  ^°  *'^'^  °^  nobillty  shall  be  granted  by  the  Confederate  States, 
not  to  be  granted,      and  no  person  holding  any  office  of  profit  or  trust  under  them,  shall, 
Officers  of  o.s.  not  without  the  conscnt  of  the   Congress,   accept  of  any  present,  emolu- 
fronffordgn'euur^"  ment,  office  or  title  of  any  kind   whatever,  from  any  king,  prince,  or 
foreign  state. 
Religious  freedom.       12.  Congrcss   shall  make  no  law  respecting  an   establishment  of 
Freedom  of  speech  religion,  or  prohibiting  the   free  exercise  thereof;   or   abridging  the 
knd  of  the  press.       freedom  of  speecli,  or  of  the  press  ;  or  the  right  of  the  people  peace- 
Right  of  petition,     ably  to  assemble   and  petition   the  government  for  a  redress  of  griev- 
ances, 
night  to  bear  and      13.  A  well-regulated  militia  being  necessary   to  the  security  of  a 
keep  arms.  f^^^  statc,  the  right  of  the  people  to  keep  and  bear  arms  shall  not  be 

infringed. 
Quartering  of      14.  No  soldier  shall,  in  time  of  peace,  be  quartered  in   any  house, 
*°'**"'""'  without  the  consent  of  the  owner  ;  nor  in  time  of  war,  but    in  a  man- 

ner to  be  prescribed  b}'  law. 
Unreasonable      15.  The  right  of  the  people   to   be  secure  in  their  persons,  houses, 
prohibited."^ *'^'*'"^"  P''*P^''^'  ^"^  effects,  against  unreasonable  searches  and   seizures,  shall 
not  be  violated  ;  and  no  warrants  shall  issue  but  upon  probable  cause, 
sue  buro"ouiii. **  '^  supported  by  oath  or  affirmation,  and  particularly  describing  the  place 
to  be  searched,  and  the  persons  or  things  to  be  seized. 
Trials  for  c.npitai      16.  iVo   person  shall  be  held  to  answer  for  a  capital   or  otherwise 
crimed  *"^  '"'^"""^  infamous  crime,  unless  on   a  presentment  or  indictment  of  a  grand 
jury,  except  in  cases   arising  in  the  land   or  naval  forces,  or  in  the 
No  one  to  be  twice  militia,  when  in  actual  service  in  time  of  war  or  public   danger;  nor 
put  in  jeopardy  of  life  vjhall  anv  person  be  subject  for  the  same  offence  to  be  twice  put   in 

or  hinb  for  same  of-  .  i'      riT  }•      u  i  ii    j     •  •      •       i  i      u 

fence.  jeopardy  of  life  or  limb;  nor  be  compelled,  in  any  criminal  case,  to  be 

Private    property  ^  witncss  against  himself;  nor  be  deprived  of  life,  liberty,  or  property 

not  to  be  tak-n  with- without  due  process  of  law  :  nor  shall  private   propert\'  be  taken  for 

out  compensation.  ,..  -jui-i  '  ,• 

public  use.  Without  just  compensation. 
Trial  by  jury  in      17.  Jn  all^:riminal  prosecutions,  the  accused  shall  enjoy  the  right  to 
eriminai cases.  ^  speedy  and  public  trial,  by  an  impartial  jury  of  the  State  and  district 

wherein  the  crime  shall  have  been  committed,  which  di.strict  shall  have 
been  previously  ascertained  by  law,  and  to  be  informed  of  the  nature 
and  cause  of  the  accusation;  to  be  confronted  with  the  witnesses 
against  him  :  to  have  compulsory  process  for  obtaining  witnesses  in  his 
favor;  and  to  have  the  assistance  of  counsel  for  his  defence. 
Triiii  by  jury  in  18.  In  suits  at  conimon  law,  where  the  value  in  controversy  shall 
Bi>ii  cases.  excesd  twenty  dollars,  the  right  of  trial  by  jury  shall  be  preserved  ;  and 

Excessive  bail  not  "O  ^^ct  SO  tried  by  a  jury  shall  be  otherwise  re-examined  in  any  court 
%o  be  required,  nor  of  thc  Confederacy,  than  according  to  the  rules  of  common  law. 

txcessive    fines    im-         h  n     ii  •         i     -i     u    ii         i  i  •       j  a  ■  1 

posed  or  puaiaiiraent       19.  Jlixccssive  bail  shall  uot  be  required,  nor  exc<!ssive  lines  imposed, 
'"Laws'to  relate  to  "°''  C''"'^'  ^"'^  unusual  punishments  inflicted. 

butone  subject  to  be      20.  Evciy  law,  or  resolution  having  the  force  of  law,  shall  relate  to 
•xprtsse  in  tie  tit  e.  ^^^  ^^^  subjcct,  and  that  shall  be  expressed  in  the  title. 

SECTION    10. 

Uinitation  of  the      1.  No  State  shall  enter  into   any  treaty,  alliance,  or   confederation  , 
powers  of  the  Slate?,   grant  letters  of  marque  and  reprisal ;  coin  money;  make  any  thing  but 
gold  and  silver  coin  a  tender  in  payment  of  debts  ;    pass  any  bill  of 
attainder,  or  ex  post  facto  law,  or  law  impairing  the  obligation  of  con- 
tracts ;  or  grant  any  titte  of  nobility. 
2.  No  State  shall,  without  the  consent  of   the  Congress,  lay  any 


CONSTITUTION  OF  THE  CONFEDERATE  STATES.  17 

imposts  or  duties  on  imports  or  exports,  except  what  may  be  absolutely 
necessary  for  executing  its  inspection  laws  ;  and  the  nett  produce  of  all 
duties  and  imposts,  laid  by  any  State  on  imports  or  exports,  shall  be  for 
the  use  of  the  Treasury  of  the  Confederate  States  ;  and  all  such  laws 
shall  be  subject  to  the  revision  and  control  of  Congress. 

3.  No  State  shall,  without  the  consent  of  Congress,  lay  any  duty  on 
tonnage,  except  on  sea-going  vessels,  for  the  improvement  of  its  rivers 
and  harbors  navigated  by  the  said  vessels ;  but  such  duties  shall  not 
conflict  with  any  treaties  of  the  Confederate  Slates  with  foreign  nations; 
and  any  surplus  revenue,  thus  derived,  shall,  after  making  such  im- 
provement, be  paid  into  the  common  treasury.  Nor  shall  any  State 
keep  troops  or  ships-of-war  in  time  of  peace,  enter  into  any  agreement 
or  compact  with  another  State,  or  with  a  foreign  power,  or  engage  in 
war,  unless  actually  invaded,  or  in  such  imminent  danger  as  will  not 
admit  of  delay.  But  when  any  river  divides  or  flows  through  two  or 
more  States,  they  may  enter  into  compacts  with  each  other  to  improve 
the  navigation  thereof. 

•  ARTICLE  II. 

SECTION  1. 

1.  The  executive  power  shall  be  vested  in  a  President  of  the  Con-  f^^*'}'"p*^^,d^f*' 
federate  States  of  America.  He  and  the  Vice  President  shall  hold  Term  of  office  of 
their  offices  for  the  term  of  six  years;  but  the  President  shall  not  be  prcfident. ""**  ^'"^^ 
re-eligible.     The  President  and    Vice   President  shall  be  elected  as 

follows  : 

2.  Each  State  shall  appoint,  in  such  manner  as  the  legislature  thereof  ,]ent*^"vice  Presl- 
may  direct,  a  number  of  electors  equal  to  the   whole  number  of  Sena-  dent.    Number  for 
tors  and  Representatives  to  which  the  State  may  be  entitled  in  the  Con-  ^*'='»S'^*«' 
gress;  but  no  Senator  or  Representative  or  person  holding  an  oflice  of 

trust  or  profit  under  the  Confederate  States,  shall  be  appointed  an 
elector. 

3.  The  electors  shall   meet  in   their  respective   States  and   vote  bv     Meetings  of  ei ec- 

,     ,,    .    ^        T,        .  1        .  ,     -,,..  T-1        ■  I  '  ,.        ■  ,  ,     •',  tors,  and  their  pro- 

ballot  tor  rresident  and  Vice  President,  one  of  whom,  at  least,  shall  ceedingrs. 
not  be  an  inhabitant  of  the  same  State  with  themselves  ;  they  shall 
name  in  their  ballots  the  person  voted  for  as  President,  and  in  distinct 
ballots  the  person  voted  for  as  Vice  President,  and  they  shall  make 
distinct  lists  of  all  persons  voted  for  as  President,  and  of  all  persons 
voted  for  as  Vice  President,  and  of  the  number  of  votes  for  each,  which 
lists  they  shall  sign  and  certify,  and  transmit,  sealed,  to  the  seat  of  the 
government  of  the  Confederate  States,  directed  to  the  President  of  the 
Senate;  the  President  of  the  Senate  shall,  in  the  presence  of  the 
Senate  and  House  of  Representatives,  open  all  the  certificates,  and 
the  votes  shall  then  be  counted ;  the  person  having  the  greatest  Election  or  prcii 
number  of  votes  for  President  shall  be  the  Piesident,  if  such  num- ^^"*' 
ber  be  a  majority  of  the  whole  number  of  electors  appointed;  and 
if  no  person  have  such  majority,  then,  from  the  persons  having 
the  highest  numbers,  not  exceeding  three,  on  the  list  of  those 
voted  for  as  President,  the  House  of  Representatives  shall  choose  im- 
mediately, by  ballot,  the  President.  But  in  choosing  the  President,  the 
votes  shall  be  taken  by  States — the  representation  from  each  State 
having  one  vote  ;  a  quorum  for  this  purpose  shall  consist  of  a  member 
or  members  from  two-thirds  of  the  States,  and  a  majority  of  all  the 
States  shall  be  necessary  to  a  choice.  And  if  the  House  of  Represen- 
tatives shall  not  choose  a  President,  whenever  the  right  of  choice  shall 
devolve  upon  them,  before  the  fourth  day  of  March  next  following, 
2 


18  CONSTITUTION  OF  THE  CONFEDERATE  STATES. 

then  the  Vice  President  shall  act  as  President,  as  in  case  of  the  death, 
or  other  constitutional  disability  of  the  President. 
Bection  of  Vice      4.  The  person  having  the  greatest  number  of  votes  as   Vice   Presi-' 

President.  ^^^^^  ^j^^jj  ^^  ^^^  yj^,g  President,  if  such  number  be  a  majority  of  the 

whole  number  of  electors  appointed;  and  if  no  person  have  a  majority , 
then,  from  the  two  highest  numbers  on  the  list,  the  Senate  shall  choose 
the  Vice  President ;  a  quorum  for  the  purpose  shall  consist  of  two- 
thirds  of  the  whole  number  of  Senators,  and  a  majority  of  the  whole 
number  shall  be  necessary  to  a  choice. 
Person  ineligible  to      5.  But  no  person  Constitutionally  ineligible  to  the  office  of  President 

den"  "     "^*    "^''  shall  be  eligible  to  that  of  Vice  President  of  the  Confederate  States. 
Congress  to  pre-      6.  The  Congress  may  determine  the  time  of  choosing  the  electors, 

S\Vct'Srs!anSTbe'  ^nd  the  day  on  which  they  shall  give  tlieir  votes ;   which  day  shall  be 

*ay  they  vote.         the  same  throughout  the  Confederate  States. 
Eligibility  to  the  of-      7.  No  person  except  a  natural  born  citizen  of  the  Confederate  States, 

6cc  of  President.  qj.  ^  citizen  thereof  at  the  time  of  the  adoption  of  this  Constitution,  or 
a  citizen  thereof  born  in  the  United  States  prior  to  the  20th  of  Decem- 
ber, 1860,  shall  be  eligible  to  the  office  of  Pre^dent;  neither  shall  any 
person  be  eligible  to  that  office  vi'ho  shall  not  have  attained  the  age  of 
thirty-five  years,  and  been  fourteen  years  a  resident  witliin  the  limits 
of  the  Confederate  States,  as  they  may  exist  at  the  time  of  his  election. 
Vice  President  to      8.  In  case  of  the   removal  of  the   President  from   office,  or  of  his 

ptcsiden" racaut  °  death,  resignation,  or  inability  to  discharge  the  powers  and  duties  of 
the  said  office,  the  same  shall  devolve  on  the  Vice  President ;  and  the 
Congress  may,  by  law,  provide  for  the  case  of  removal,  death,  resig- 
nation, or  inability,  both  of  the  President  and  Vice  President,  declaring 
what  officer  shall  then  act  as  President;  and  such  officer  shall  act 
accordingl}',  until  the  disability  be  removed  or  a  President  shall  be 
elected. 

.K^n"*?/  nsation  of      9^  ^l^g  President  shall,  at  stated  times,  receive  for  his  services  a  com- 

tne  Pres>dijnt.  .  ,  •    1       1     1 1         ■   i         1       ■  1  t      •    •    i       1    1      ■  ^  i 

pcnsation,  which  shall  neither  be  increased  nor  diminished  during  the 
period  for  which  he  shall  have  been  elected  ;  and  he  shall  not  receive 
within  that  period  any  other  emolument  from  the  Confederate  States, 
or  any  of  them. 
Oath  to  be  taken  by      ]^o.'  Before  he  enters  on  the  execution  of  his  office,  he  shall  take  the 

PrtEidcnt.  f.  1,        .  ,  /T.  • 

following  oath  or  affirmation  : 

"  I  do  solemnly  swear  (or  affirm)  that  I  will  faithfully  execute  the 
office  of  President  of  the  Confederate  States,  and  will,  to  the  best  of 
my  ability,  preserve,  protect,  and  defend  the  Constitution  thereof." 

'  SECTION  2. 

Powers  and  duties      J.  The  President  shall  be  commander-in-chief  of  the  armv  and  navy 

•  f  liiC  X  rGsiuent  " 

of  the  Confederate  States,  and  of  the  militia  of  the  several  States,  when 
called  into  the  actual  service  of  the  Confederate  States  ;   he  may  require 
the  opinion,  in  writing,  of  the  principal  officer  in  each  of  the  executive 
departments,  upon  any  subject  relating  to  the  duties  of  their  respective 
amrpfrdonr"^"*^^^  offices  ;  and  he  shall  have  power  to  grant  reprieves  and  pardons  for  offen- 
ces against  the  Confederate  States,  except  in  cases  of  impeachment. 
May  make  treaties      2.  He  shall  have  powor,  by  an<d  with  the  advice  and  consent  of  the 
Tk:*"and"conBent*  of  Senate,  to  make  treaties;  provided  two-thirds  of  the  Senators  present 
Congress.  concur  ;  and  he  shall  nominate,  and  by  and  with  the  advice  and  consent 

of  the  Senate,  shall  appoint  ambassadors,  other  public  ministers  and 
Appointments  to  consuls,  iudoies  of  the  Supreme  Court,  and  ail  other  oificers  of  the  Con- 
federate  States  whose  appointments  are  not  herein  otherwise  provided 
for,  and  which  shall  be  established  by-law;  but  the  Congress  may,  by 
law,  vest  the  appointment  of  such  inferior  officers,  as  they  think  proper, 


CO]NSTITUTION  OF  THE  CONFEDERATE  STATES.  1© 

in  the  President  alone,  in  the  courts  of  law,  or  in  the  heads  of  depart- 
ments. 

3.  The  principal  officer  in  each  of  the  executive  departments,  and  all     when,  and  by 

,j-,i,ij-i  ■•  •  1  ,   r  whom,oflicers  mavbc 

persons  connected  with  the  diplomatic  service,   may   be  removed  from  removed  from  office. 

office  at  the  pleasure  of  the  President.     All  other  civil  officers  of  the 

executive  departments  may  be  removed  at  any  time  by  the  President, 

or  other  appointing  power,  when  their  services  are  unnecessary,  or  for 

dishonesty,  incapacity,    inefficiency,   misconduct,   or  neglect  of  duty  ; 

and  when  so  removed,  the  removal  shall  be- reported  to  the   Senate, 

together  with  the  reasons  therefor. 

4.  The  President  shall  have  power  t->  fill  all  vacancies  that  mcy  hap-  Presuient  to  fiu  va- 
pen  during  the  recess  of  the  Senate,  by  granting  commissions  which  of  "senate"""^ '^'^''*^* 
shall  expire   at  the  end  of  their  next  session  ;   but  no  person  rejected 

by   the  Senate  shall   be  re-appointed  to  the  same  office  during  their 
ensuing  recess. 

SECXION  3. 


1.  The  President  shall,  from  time  to  time,  give  to  the   Congress  in-     President  to  give 

.ion 
the 


formation  of   the   state  of  the   Confederacy ,"and  recommend  to  their  crX'ltateT''"" 


consideration  such  measures  as  he  shall  judge  necessary  and  expedient;  Confederacy. 
he  may,  on  extraordinary  occasions,  convene  both  Houses,  or  either  May  convene  Con- 
of  them  ;  and  in  case  of  disagreement  between  them,  with  respect  to  ry^^owision's.*""'"'' 
the  time  of  adjournment,  he  may   adjourn   them   to  such   time   as  he  .  '^^''"^!}  '"^  "''"^y  ^*^- 

1      II     lU-     1  U  U    )l  •  u  J  J       ii  LI-      jourii  Congress. 

shall  think  proper;  he  shall  receive  ambassadors  and  other  public  siiaii  receive  am- 
ministers;  he  shall  take  care  that  the  laws  be  faithfully  executed,  and  ursTand^ommTl'on 
shall  commission  all  the  officers  of  the  Confederate  States.  officers. 

SECTION  4. 

1.  The  President,  Vice  President,  and  all  civil  officers  of  the  Con-  Removals  from  of- 
federate  States,  shall  be  removed  from  office  on  impeachment,  for  and  an^d^'^convictioiT^of 
conviction  of,  treason,  bribery,  or  other  high  crimes  and  misdemeanors,  crimes. 

« 

ARTICLE    III. 

SECTION  1. 

1.  The  judicial  power  of  the  Confederate  States  shall  be   vested  in     Judicial  power 
one  Supreme  Court,  and  in  such  inferior  courts  as  the    Congress    may,  prlme*^  cour"^  etc! 
from   time  to  time,  ordain  and   establish.     The  judges,  both  of   the  ff^rm  of  onu-e  and 
Supreme   and    inferior   courts,   shall   hold   their   offices   during   good  judges.*^ " '^ ' 
behavior,  and  shall,  at  stated  tim.es,  receive  for  their   services  a  com- 
pensation which  shall  not  be  diminished   during  their  continuance  in 
office. 

SECTION  2. 

1.  The  judicial  power  shall  extend  to  all  cases  arising  under  this  Fxtent  of  the  judi- 
Constitution,  the  laws  of  the  Confeder.ite  States,  and  treaties  made,  or  "^  ''"* 
which  shall  be  made,  under  their  authority;  to  all  cases  affecting  am- 
bassadors, other  public  ministers  and  consuls;  to  all  cases  of  admiralty 
and  maritime  jurisdiction  ;  to  controversies  to  which  the  Confederate 
States  shall  be  a  party;  to  controversies  between  two  or  tnore  States; 
between  a  State  and  citizens  of  another  State,  where  the  State  is  plain- 
tiff; between  citizens  claiming  lands  under  grants  of  different  States  ; 
and  between  a  State  or  the  citizens  thereof,  and  foreign  states,  citizens 
or  subjects;  but  no  State  shall  be  sued  by  a  citizen  or  subject  of  any 
foreign  etate. 


80  CONSTITUTION  OF  THE  CONFEDERATE  STATES. 

wben  Supreme  2.  In  all  cascs  affecting  ambassadors,  other  public  ministers  and  con- 
S-cUon;  "^'bell  ^uls,  and  those  in  which  a  State  shall  be  a  party,  the  Supreme  Court 
appellate.   '  shall   have  original  jurisdiction.     In  all   the  other  cases  before  men- 

tioned, the  Supreme  Court  shall  liave  appellate  jurisdiction  both  as  to 
law  and  fact,  with  such  exceptions  and  under  such  regulations  as  the 
Congress  shall  make. 
All  crime?  to  be      3.  'J he  trial  of  all  crimes,  except  in  cases  of  impeachment,  shall  be 
"^wii*'r  ^"sifcii  'rials  ^3'  J^O''  ^""^  such  trial  shall  be  held  in  the  State  where  the  said  crimes 
tob'.  shall  have  been  committed;  but  when  not  committed  within  any  State, 

the  trial  shall  be  at  such  place  or  places  as  the  Congress  may  by  law 
have  directed. 

SBOTIOX  3. 

What  constitutes      1.  Treason  against  the  Confederate  States  shall  consist  onl}''  in  levy- 

bc^imTved"^  ^°^  *°  Ing  War  against  them,  or  in  adhering  to  their  enemies,  giving  them  aid 

and  comfort.     No  person   shall  be  convicted  of  treason  unless  on  the 

testimony  of  two  witnesses  to  the  same  overt  act,  or  on  confession  in 

open  court. 

Congress  1 0  p r e-      2.  The   Congress  shall    have   power  to   declare   the  punishment  of 

trtason.^Not'uTwor'k  treason  ;  but  no  attainder  of  treason  shall  work  coiruption  of  blood,  or 

co^r>ui)tion  of  blood,  forfeiture,  except  during  the  life  of  the  person  attainted. 

ARTICLE  IV. 

SKCTION  1 . 

Credit  to  be  given      1.  Full  faith  and  credit  shall  be  given  in  each   State   to  the  public 

Acu?er-.!o/ano"her':  ^cts,  lecords,  and  judicial  proceedings  of  every  other  State.     And  the 

Congress  may,  by  general  laws,  prescribe  the  manner  in  which   such 

acts,  records,  and  proceedings  shall  be  proved,  and  the  effect  thereof. 

BECTION  2. 

Citijiens  of  each      1.  The  citizens  of  each  State  shall   be  entitled  to  all  the  privileges 

fegS''etc"''^in°  o'ther  and  immunities  of  citizens  in  the  several  States  ;  and  shall  have  the 

state's.     '  'right  of  transit  and  sojourn   in  any   State   of  this  Confederacy,  with 

their  slaves  and  other  property;  and  the  right  of  property  in  said  slaves 

shall  not  be  thereby  impaired. 

Pugiiives from  jus-      2.  A  person   charged  in  any   State  with   treason,  felony,  or  other 

""■  crime  against  the  laws  of  such  State,  who  shall   flee  from  justice,  and 

be  found  in  another  State,  shall,  on  demand  of  the  executive  authority 

of  the  State  from  which  he  fled,  be  delivered  up,  to  be  removed  to  the 

State  having  jurisdiction  of  the  crime. 

Fugitive  e;:.T'.?.  3.  No  .slave  or  other  ])erson  held  to  service  or  labor  in  any  State  or 

Territory  of  the  Confederate  States,  under  the  laws  thereof,  escaping 

or  lawfully  carried  into  another,  shall,  in  consequence  of  any  law  or 

regulation  therein,  be  discharged  from  such  service  or  labor:  but  shall 

be  delivered  up  on  claim  of  the  party  to  whom  such  slave  belongs,  or 

to  whom  such  service  or  labor  may  be  due. 

SECTION  .3. 

NcTf  Slates  may      1.  Other  States  may  be  admitted  into  this  Confederacy  by  a  vote  of 

confedeiaoy' '^°    '^  two-thiids  of  the   whole  Housc  of  Representatives   and   two-thirds  of 

the   Senate,  the   Senate  voting  by   States  ;  but  no  new  State  shall  be 

formed  or  erected  within  the  jurisdiction  of  any  other  State;  nor  any 

State  be  formed   by  the  junction  of  two  or  more  States,  or  parts  of 


CONSTITUTION  OF  THE  CONFEDERATE  STATES.  21 

States,  without  the  consent  of  the  legislatures  of  the  States  concerned, 
as  well  as  of  the  Congress. 

2.  The  Congress  shall  have  power  to  dispose  of  and  make  all  need-  Power  of  Congros-s 
ful  rules  and  regulations  concerning  the  property  of  the  Confederate  theConftdwateStVts 
States,  including  the  lands  thereof. 

3.  The  Confederate  States  may  acquire  new  territory  ;  and  Con-  New  territory  may 
gress  shall  have  power  to  legislate  and  provide  governments  for  the  greTs^"to%'rescr'ibe 
inhabitants  of  all  territory  belonging  to  the   Confederate  States,  lying  pvernnient   for  its 

fc-  o      o  '     •/       o  itinabitunts.     When 

without   the   limits   of  the  several  States;   and   may  permit   them,  at  they  may  form  at. ues. 
such  times,  and  in  such  manner  as   it  may  by  law  provide,  to  form 
•States  to  be  admitted  into  the  Confederacy.     In  all  such  territory,  the 
institution  of  negro  slavery,  as  it  now  exists  in  the  Confederate  States,     Neprro slavery  tn be 
shall  be  recognized  and   protected  by  Congress  and    by  the   territorial  teou^Tl  LrTuorlts" 
government:   and   the   inhabitants  of  the  several   Confederate  States 
and  Territories  shall  have  the  right  to  take  to  such  territory  any  slaves 
lawfully  held  by  them  in  any  of  the   States  or  Territories  of  the  Con- 
federate States. 

4.  The  Confederate  States  shall  guarantee   to  every  State  that  now     Republican  form  of 
is,  or  hereafter  may  become,  a  member  or  tins  Ooniederacy,  a  repub-  teed  to  each  state 
lican  form  of  government  ;   and   shall    protect  each   of    them   against     Protection  of stntesi 
invasion  ;  and  on  application  of  the  legislature,  (or  of  the  executive,  aguinst  invasion, etc. 
when  the  legislature  is  not  in  session,)  against  domestic  violence. 

ARTICLE    V. 

SEOTIOS  1. 

1.  Upon  the  demand  of  any  three  States,  legally  assembled  in  their     Mode  or  araerfdia- 

,'  .  I  /~i  I     II  •  r      II  the  CoDBtitution. 

•several  conventions,  the  Congress  shall  summon  a  convention  or  all 
the  States,  to  take  into  consideration  such  amendments  to  the  Consti- 
tution as  the  said  States  shall  concur  in  suggesting  at  the  time  when 
the  said  demand  is  made  ;  and  should  any  of  the  pi-oposed  amendments 
to  the  Constitution  be  agreed  on  by  the  said  convention — voting  by 
States — and  the  same  be  ratified  by  the  legislatures  of  two-thirds  of 
the  several  States,  or  by  conventions  in  two-thirds  thereof — as  the  one 
or  the  other  mode  of  ratification  may  be  proposed  by  the  general  con- 
vention— they  shall  thenceforward  form  a  part  of  this  Constitution. 
But  no  State  shall,  without  its  consent,  be  deprived  of  its  equal  repre-  ^ 

sentation  in  the  Senate. 

ARTICLE    VI. 

1.  The  Government  established  by  this  Constitution  is  the  successor  Character  of  the 
of  the  Provisional  Government  of  the  Confederate  States  of  America,  l^sheTbrtiiVcon'ltt 
and  all   the  laws  passed  by  the  latter  shall  continue  in  force  until  the  tution. " 

same  shall  be  repealed  or  modified :   and  all  the  officers  appointed  bv     Officers   appointed 

xv  \.    11  ■      •         ai  i-i   ii      •  •    i     1        "l  by  the   Provisional 

the  same  shall  remain  in  ottice  until  their  successors  are  appointed  and  covemment  remain 
qualified,  or  the  offices  abolished.  inoffi^ie. 

2.  All  debts  contracted   and   engagements  entered   into  before  the     Pebtn,  etc.,  hereto- 
adoption  of  this  Constitution  shall  be  as  valid  s.gainst  the  Confederate  lig'^i.^^^™'*^^ 
States  under  this  Constitution,  as  under  the  Provisional  Government. 

3.  This  Constitution,  and  the  laws  of  the  Confederate  Stales  made  ■wi.at  is  the  su- 
in  pursuance  thereof,  and  all  treaties  made,  or  which  shall  be  made,  r"'""-'  '*w  of  the 
under  the  authority  of  tho  Confederate   Stales,  shall  be  the  supreme 

law  of  the  land  :  and  the  judges  in  every  State  shall  be  bound  there- 
by, anything  in  the  Constitution  or  laws  of  any  State  to  the  contrary 
notwitbstandin^r. 


32  CONSTITUTION  OF  THE  CONFEDERATE  STATES.   . 

Oath  to  support      4.  The   Senators  and    Representatives  before  mentioned,   and  the 
whom" o^beu! ken  ^^  iTiembers  of  the  several    State  legislatures,  and  all  executive  and  judi- 
cial officers,  both  of  the  Confederate  States  and  of  the  several  States, 
shall  be  bound  by  oath  or  affirmation  to  support  this  Constitution;  but 
N'o  reiipious  test  no   religious  test  shall  ever  be  required  as  a  qualification  to  any  office 
shall  be  required.       qj.  public  trust  Under  the  Confederate  States. 

Enumeration  of  5.  The  enumeration,  in  the  Constitution,  of  certain  rights,  shall  not 
dw.y'other*'8^%taUied  be  construed  to  deny  or  disparage  others  retained  by  the  people  of  the 
by  people.  several  States. 

Reserved  powers.  g.  Xlie  powers  not  delegated  to  the  Confederate  States  by  the  Con- 
stitution, nor  prohibited  by  it  to  the  States,  are  reserved  to  the  States, 
respectively,  or  to  the  people  thereof. 


ARTICLE  VII. 

Ratification  of  this  1.  The  ratification  of  the  conventions  of  five  States  shall  besufficient 
Constitution.  ^^^  ^.j^^  establishment  of  this  Constitution  between  the  States  so  ratify- 

ing the  same. 

Congress,  under  2.  When  five  States  shall  have  ratified  this  Constitution,  in  the 
stuuUoMoTesfrihe  manner  before  specified,  the  Congress  under  the  Provisional  Constitu- 
time  for  hoidinp  (Jon  shall  prescribe  the  time  for  holding  the  election  of  President  and 
and  Vi'ce''  Presuient,  Vice  President;  and  for  the  meeting  of  the  Electoral  College;  and  for 


meeting  of  the  eiec  counting  tlic  votcs,  and  inaugurating  the  President.     They  shall,  also, 

t  ors    6  tc .     S-iitl    t  ini  eo  do  ^  •//* 

"'  iiding  first  dec-  prescribe  the  time  for  holding  the  first  election  of  members  of  Congress 
tion  of  members  of  ^^^^j.  jj^j^  Constitution,  and  the  time  for  assembling  the  same.     Until 


for  holding  first  dec-  prescribe  the  time  tor  riolding  trie  iirst  election  oi  members  or  (congress 

tion   of    ij,— '— -    -r  -  ...  -  ...  .  .... 

Congress. 

the  assembling  of  such  Congress,  the    Congress  under  the  Provisional 

How  long  Congress  Constitution   shall  continue  to  exercise  the  legislative  powers  gi-anted 

under  the  Provisional  j^j^  j^     j^^^  extending  bcyond  the  time  limited  by  the  Constitution  of 

Constitution  to  excr-  *       .   .  ,    „        °         "^  •' 

cise  power.  the  Provisional  Government. 

Adopted  unanimously  by  the  Congress  of  the  Confederate  States  of 
South  Carolina,  Georgia,  Florida,  Alabama,  Mississippi,  Louisiana  and 
Texas,  sitting  in  Convention  at-the  capitol,  in  the  city  of  Montgomery, 
Alabama,  on  the  Eleventh  day  of  March,  in  the  year  Eighteen  Hun- 
dred and  Sixty-One.  HOWELL  COBB, 

President  of  the  CoTigress. 

South  Carolina. — R.  Barnwell  Rhett,  C.  G.  Memminger,  Wm.  Porcher 
Miles,  James  Chesnut,  Jr.,  R.  W.  Barnwell,  William  W.  Boyce, 
Lawrence  M.  Keitt,  T.  J.  Withers. 

Georgia. — Francis  S.  Bartow,  Martin  J.  Crawford,  Benjamin  H.  Hill, 
Thos.  R.  R.  Cobb. 

Florida. — Jackson  Morton,  J.  Fatten  Anderson,  Jas.  B.  Owens. 

.^/aiawa.— Richard  W.  Walker,  Robt.  H.  Smith,  Colin  J.  McRae, 
William  P.  Chilton,  Stephen  F.  Hale,  David  P.  Lewis,  Tho.  Fearn, 
Jno.  Gill  Shorter,  J.  L.  M.  Curry. 

Mississijpi. — Alex.  M.  Clayton,  James  T.  Harrison,  William  S.  Barry, 
W.  S.  Wilson,  Walker  Brooke,  W.  P.  Harris,  J.  A.  P.  Campbell. 

Louisiana. — Alex,  de  Clouet,  C.  M.  Conrad,  Duncan  F.  Kenner,  Henry 
Marshall. 

Texas. — John  Hemphill,  Thomas  N,  Waul,  John  H.  Reagan,  William- 
son S.  Oldham,  Louis  T.  Wigfall,  John  Gregg,  William  Beck  Ochil- 
tree. 


CONSTITUTION  OF  THE  CONFEDERATE  STATES.  23 

EXTRACT  FROM  THE  JOURNAL  OF  THE  CONGRESS. 

Congress,  March  11,  1862. 

On  the  question  of  the  adoption  of  the  Constitution  of  the  Con- 
federate States  of  America,  the  vote  was  taken  by  yeas  and  nays;  and 
the  Constitution  was  unanimously  adopted,  as  follows: 

Those  who  voted  in  the  affirmative  being  Messrs.  Walker,  Smith, 
Curry,  Hale,  jNIcRae,  Shorter,  and  Fearn,  of  Alabama,  (Messrs.  Chilton 
and  Lewis  being  absent);  Messrs.  Morton,  Anderson,  and  Owens,  of 
Florida;  Messrs.  Toombs,  Howell  Cobb,  Bartow,  Nisbet,  Hill,  Wright, 
Thomas  R.  R.  Cobb,  and  Stephens,  of  Georgia,  (Messrs.  Crawford  and 
Kenan  being  absent) ;  Messrs.  Perkins,  de  Clouet,  Conrad,  Kenner, 
Sparrow,  and  Marshall,  of  Louisiana;  Messrs.  Harris,  Brooke,  Wilson, 
Clayton,  Barry,  and  Harrison,  of  Mississippi,  (Mr.  Campbell  being 
absent);  Messrs.  Rhett,  Barnwell,  Keitt,  Chcsnut,  Memminger,  Miles, 
Withers,  and  Boyce,  of  South  Carolina  ;  Messrs.  Reagan,  Hemphill, 
Waul,  Gregg,  Oldham,  and  Ochiltree,  of  Texas,  (Mr.  Wigfall  being 
absent). 
A  true  copy  :  J.  J.  HOOPER, 

Secretary  of  the  Congress. 


Congress,  March  11,  1861. 

I  do  hereby  certify  that  the  foregoing  are,  respectively,  true  and 
correct  copies  of  "  'J  he  Constitution  of  the  Confederate  States  of 
America,"  unanimously  adopted  this  day,  and  of  the  yeas  and  nays 
on  the  question  of  the  adoption  thereof.  HOWELL  COBB, 

President  of  the  Congress. 


THE 

LAWS  OF  THE  CONFEDERATE  STATES. 


PUBLIC  ACTS  OF  THE  PROVISIONAL  CONGRESS 


CONFEDERATE  STATES. 

Passed  at  the  first  sessio?i  of  the  Provisional  Congress,  which  icas  begun 
and  held  at  the  City  of  Montgomery,  on  Monday,  February  4,  1S61, 
and  continued  to  March  16,  1861. 

Jefferson  Davis,  President.  Alexander  U.  Stephens,  Vice  Presi- 
dent of  the  Confederate  States.  Hoavell  Cobb,  President  of  the 
Congress. 

STATUTE  I. 

Chai'TER  I. — An  Acl  to  continue  in  force  certain  laws  of  the  United  States  of  America.  February  9,  18G1. 

Be  it  enacted  by  the  Confederate  States  of  America  in  Congress    Certain  laws  of  the 
assembled,  That  all  the  laws  of  the   United  Slates  of  America  in  force  tinuedin^orce.  *^°" 
and  in  u.'-e  in  the   Confederate   States  of  America  on  the  ^yA  day  of 
November  last,  and  not  inconsistent  with  the  (Junstitution  of  the  (Jon- 
federate  States,  be  and   the  same  are  hereby  continued  in  force  until 
altered  or  repealed  by  the  Congress. 

Adopted  February  9,  1S61. 


Chap.  It. — An  Act  to  continue  in  office   the  Officers  connected  with  the  Collection  of  the  Cus-    Febniary  14, 1861. 
toms  in  the  C onfederate  States  of  Ainerica.  ■ 

Be  it  enacted  by  the   Confederate   Stutes  of  America  in   Congress  ^  ^"f  ""./""sfgta'jjt 
assembled,  That  the  several  officers  who,  at  the  time  of  the  adoption  of  treasurers, continued 
the  Constitution   of  the  Provisional  Government  of  these  states,  held  ""*  "^®" 
and  exercised  any  office  connected  with  the  collection  of  the  customs, 
duties  and  imposts  in  the  several  slates  of  this  Confedcracv,  or  as  assis-     See  resolution    of 

.        .   ,  .         .     1        -,1     1  •  .1  ■    ■     "     i\  c  Feb.  14,  1861. 

tant  treasurers  entrusted  with  keeping  the  moneys   arising   thorehom, 

are  hereby  appointed  to  the  several  offices  which  at  the  said  date  they 

respectively  held  ;   and  they  shall  have  the  same  powers,  be  subject  to     Their  salaries,  fees, 

the  same  duties,  and  be  entitled  to  the  same  salaries,  fees  and  emolu-  *^''^" 

inents  as  are  set  forth  and  provided  in  and  by  the  laws  of  the  United 

States  of  America,   until  the  first  day   of  April  next:  Provided,  That 

the  maximum  of  compensation  which  each  collector  shall  receive  from 

all  sources  shall  nut  exceed  the  rate  of  five  thousand  dollars  per  annum,. 


28  PROVISIONAL  CONGRESS,     Sess.  I.     Ch.  3,  4.     1861. 

lo  execute  bond.  Sec.  2.  Each  collector  so  appointed  shall,  within  two  weeks  from 
the  date  of  this  act,  execute  to  the  Confederate  States  of  America  a 
bond  in  the  same  amount  and  subject  to  a  like  condition  with  his  last 
bond  to  the  United  States  of  America,  with  sureties  to  be  approved  by 
a  judge  of  any  superior  or  circuit  court  of  the  state  where  such  col- 
lector is  located.  And  each  of  the  other  officers  shall,  within  one  week 
after  the  collector  shall  have  entered  upon  the  discharge  of  his  duties, 
■execute  to  the  Confederate  States  of  America  a  bond  in  the  same 
amount  and  subject  to  the  like  condition  with  his  last  bond  to  the  United 
States  of  America,  (in  case  he  was  required  to  execute  a  bond.)  with 
sureties  to  be  approved  by  the  collector  of  the  port  where  such  office 
is  located. 

Anri  take  certain  Sec.  3.  The  said  several  officers  shall  take  an  oath  before  a  magis- 
^^^^''  trate,  well  and   faithfully  to  discharge  the  duties  of  his  office,  and  to 

support  the  constitution  of  the  Provisional  Government  of  the  Confed- 
erate States  of  America;    which  said   oath  shall  be  endorsed  upon  the 

--,.       .     ,  .  u   bond:  and  the  bond  shall  be  filed  in  the  ofiice  of  the  Secretary  of  the 

Where  bond  to  be  .  i         i  i  i  !•         , 

filed.  Treasury,  or  in  such  other  place  as  he  may  direct. 

Adopted  February  14,  1S61. 


February  18,  18G1.      Cuap.  III. — An  Act  to  exempt  from  duty  rerinin  commodities  tkertin  named,   and  for  other 
2)urposes. 


Articles  exempt      Be  it  cnacfed  by  the   Confederate  States  of  America  in   Congress 
»rom   uty.  assembled,  That  the  following  articles  shall  be  exempt   from   duty  and 

admitted  free  into  said  states,  to  wit:  Bacon,  pork,  hams,  lard,  beef, 
(i^h  of  all  kinds,  wheat  and  flour  of  wheat  and  flour  of  all  other  grains, 
Indian  corn  and  meal,  barley  and  barley  flour,  rye  and  rye  flour,  oats 
and  oat  meal,  gunpowder  and  all  the  materials  of  which  it  is  made,  lead 
in  all  forms,  arms  of  every  description,  arid  munitions  of  war  and  mili- 
tary accoutrements,  percussion  caps,  living  animals  of  all  kinds;  also 
all  agricultural  products  in  their  natural  state. 
Goods  imported  Sec.  2.  jJnd  be  it  further  enacted,  That  all  goods,  wares  and  mer- 
^rom  anyone  of  the  chandise  imported  from  any  one  of  the  late  United  States  of  America, 

late  U.  8.  not  a  mem-  .  '  r     i  ■      rt       r    i  ■  ii-nr-i 

ber  of  the  0.  s.  ex-  not  being  now   a  member  or  this  Confederacy,  into  this  Contederacy, 

empt  from  duty.  ^^^^^.^  ^^^  ^^^^.^j^  ^^^  ^j-   ^^^^,.^j^   ^^^^^    ^j^j^^  ^^^    ^^^^  ,,gp,^  ^^^^  j^^^^ 

purchased  heretofore,  or  within  ten  days  after  the  passage  of  this  act, 
shall  be  exempt  and  hee  from  duty. 
State  of  Texas  ex-      Sec.  3.   And  be  it  further  enacted,  That  the  State  of  Texas   be  and 
t:™nof  the^uriff?"'''  '^  hereby  exempted  from   the  operation  of  the   tariff"  laws   heretofore 
passed  and  adopted  by  this  Congress. 
Adopted  February  18,  1861. 


February  20  1861  Cuap.  IV. — An  Act  to  provide  Munitions  of  War,  and  for  other  purposes. 


Contracts  for  the      Sec.    1.  Be  it  enactcd  t)y  the  Confederate  States  of  America  in 

Ce  and\item"on'of  Congress  assembled,  That  the  President,  or  the  Secretary  of  War,  under 

Arms, authorized.       his  direction,  is  hereby  authorized  and  empowered   to  make  contracts 

for  the  purchase  and   manufacture  of  heavy  ordnance  and  small  arms  ; 

and  of  machinery  for  the  manufacture  or  alteration  of  small  arms  and 

Agents  and  artisans  munitions  of  War,  and  to  employ  the  necessary  agents  and  artisans  for 

■it^be  employed,      these  purposes  ;  and  to  make  contracts  for  the  establishment  of  powder 

mills  and  the  manufacture  of  powder ;  and  the  President  is  authorized 


PROVISIONAL  CONGRESS.  Sess.  I.  Ch.  5,6,7.   1861. 


29' 


to  make  contracts  provided  for  in  tli'rs  act,  in  such  manner  and  on  such 
terms  as  in  his  judgment  the  public  exigencies  may  require. 

Approved  February  20,  1861. 


Chap.  X.—An  Act  to  authorize  the  President  to  appoint  a  Private  Secretary. 


February  20, 1S61. 


Be  if  ejiacted   by  the  Confederate    States    of   America    m    Con-    President  autho- 
gress  assembled,   and  it  is  hereby  enacted  by  the  authority   of  the  vatc  secretary.  ^^"" 
same,  That  the  President  of  the  Confederate  Slates  of  America  be  and 
he  is  hereby  authorized  to  appoint  a  private  secretary,  through  whom 
he   may   communicate    with   Congress,  and   who  shall  discharge  such 
duties   as  may   be  assigned  him    by  the   President,  and  shall  receive    His compenfation 

•  .  ■  Sec  Acts   Wtircn  T 

such  compensation  for  his  services  as  shall  be  fixed  by  law.  isgi,  and  May  i\, 

Approved  February  20,  1861. 


J861 


Chap.  VI. — An  Act  to  determine  the  Salaries  of  the  Vice  President  aiid  of  the  Heads  of  De- 
partments. 


February  21,1861. 


The  Congress  of  the  Confederate  States  of  America  do  enact,  That    salaries  of  the  vice 
the  annual  compensation  of  the  Vice  President,  and  of  the  Secretaries  Trtue  DepaHmems'i* 
of  State,  of  the  Treasury,  of  War,  of  the  Navy,  the  Postmaster  General, 
and  the  Attorney  General,  shall  be  at  the  rate  of  six  thousand  dollars, 
payable  quarterly  in  advance. 

Approved  February  21,  1861. 


Chap.  VII. — An  Act  to  organize  the  Departynent  of  Stale. 

The  Congress  of  the  Confederate  States  of  America  do  enact, 
That  there  shall  be  an  executive  department,  to  bo  denominated 
the  Department  of  State;  and  there  shall  be  a  principal  officer  therein, 
to  be  called  the  Secretary  of  Stale,  who  shall  perform  and  execute 
such  duties  as  shall  from  time  to  time  be  enjoined  on  or  entrusted  to 
him  by.  the  President  of  the  Confederate  States,  agreeably  to  the  Con- 
'  stitution,  relative  to  correspondences,  commissions  or  instructions  to  or 
with,  public  ministers  or  consuls  from  the  Confederate  Stales,  or  to 
negotiations  with  public  minij^ters  from  foreign  slates  or  princes,  or  to 
memorials  or  other  applications  from  foreign  public  ministers  and  other 
foreigners,  or  to  such  other  matters  respecting  foreign  affairs  as  the 
President  of  the  Confederate  States  shall  assign  to  th.e  said  depai'tment; 
and,  furthermore,  the  said  principal  officer  shall  conduct  the  business 
of  the  said  department  in  such  manner  as  the  President  of  the  Con- 
federate States  shall  from  time  to  time  order  or  instruct.  Said  Secre- 
tary shall  be  appointed  by  the  President,  by  and  with  the  advice  and 
consent  of  the  Congress,  and  shall  receive  a  compensation  to  be  ascer- 
tained and  regulated  by  law. 

Sec.  2.  Be  H  further  enacted,  It  shall  be  the  duty  of  the  Secretary 
of  State  to  keep  and  preserve  all  bills  and  resolutions  of  the  Congress 
having  been  approved  or  signed  hy  the  President,  or  otherwise  become 
laws;  and  he  shall  carefully  preserve  the  originals,  and  shall,  as  soon 
as  conveniently  may  be  after  he  shall  receive  the  same,  cause  every 
such  law,  order  and  resolution  to  be  published,  in  at  least  three  public 
newspapers  published  within  the  Confederate  Slates,  and  shall  also 
cause  two  printed  copies,  duly  authenticated,  to  be  sent  to  the  execu- 
tive authority  of  each  state.     It  shall  be  the  duty  of  the  secretary  to 


February  21,1861. 


State     Dep.artment 
organized. 


Duties  of  Secretary 
of  State. 


By  whom  appoint- 
ed; liis  compensation. 


To    keep  and  pre 
serve  tlie  laws. 


This  clause  repealed. 
See  Act  of  Aug.  5, 
1S(!l.  Sections  1,  2, 
3. 

And    publish    the 
same. 


30  PROVISIONAL  CONGRESS.     Sess.  I.     Ch.  8.     1851. 

To  keep  and  affix  kecp  the  <jreat  seal  of  the  Confederate   States,  and  to  make  out  and 
the  seal  of  tiieC.s.     record  and  affix  ?aid  seal  to  all  civil  comnnissions  to  officers  of  the  Con- 
federate  States  to   be  appointed   by   the    President,  by   and   with    the 
advice  of  the  Congress,  or  b}'  the  President  alone:  Provided,  That  said 
seal  shall  not  be  affixed  to  any  commission  before  it   is   signed   by   the 
President,  nor  to  any  other  instrument  or  act  without  the  special  war- 
rant of  the  President  therefor.     The  said  secretar}-  shall   also    cause  a 
To  cau^c  a  seal  to  v;eal   of  office  to  be   made  for  said  department,  of  such  device  as  the 
^rtow^t;  muhc'nttoi'-  President  shall  approve  ;    and  all   copies  of  records  and  papers  in  said 
•ion  of  records  muier  ^j^(,g   3y^l^pr,{i(,j^t(,(|  u,^(jer  the  said  seal,  shall  be  evidence  equally  as 

said  seal.  .,••11 

the  original  record  or  paper. 
Clerks  in  state  Be-      Sec.  3.  Be  it  further  enactcd,  That  there  shall  be  in  the  said  depart- 
pensaUon',  and"^  oTth  "^ent  a  chief  clerk,  to  be   appointed    by   th-e  secretary,  and  such  other 
of  office.  '  clerks  as  from  time  to  time  may  be  found  necessary  and  authorized  by 

the  Congress,  who  shall  receive  a  compensation  for  their  services  to  be 
fixed  by  law  :  and  the  Secretary  of  Stale,  and  ever}'  other  person  to  be 
appointed  or  employed  in  said  department,  shall,  before  he  enters  on 
the  execution  of  his  office  or  employment,  take  an  oath  or  affirmation 
well  and  faithfully'  to  execute  the  trust  committed  to  him. 
Fees  of  office.  Skc.  4.  Be  it  further  enacted,  There  shall  be  paid  to  the  secretary, 

for  the  use  of  the  Confederate  States,  the  following  fees  of  office,  by 
the  persons  requiring  the  services  to  be  performed,  except  when  they 
are  performed  for  any  officer  of  the  Confederate  States  in  a  matter  re- 
lating to  the  duties  of  his  office,  to-wit:  For  making  out  and  authenti- 
cating: copies  ol  records,  ten  cents  for  ea^^h  hundred  words;  for  authen- 
ticating a  copy  of  a  record  or  paper,  under  the  seal  of  office,  one  dollar. 
Sec.  5.  Jl/td  be  it  further  enacted,  This  act  shall  be  in  force  and 
take  efTect  from  and  after  its  passage. 

Approved  February's!,  1861. 


F.,bnnrv  21, 1861.  Cn.vp.  VIII.— -•)»  Act  to  establish  the  Treasury  Departmetrt. 


Treasury   Depart-      The  Coiigress  of  the  Confederate  States  of  America  do  enact,  That 
ment established.       ^j^^^^  ^j^^jj  ^^  ^^  exccutive   department  known   as  the  Department  of 
Officers  in  said  Dc-  Treasury,  in  which  shall  be  the  following  officers,  namely:    A  Secre- 
partraen .  igry  of  the  Treasury,  to  be  deemed  the  head  of   the   department;    a 

Comptroller,  an  Auditor,  a  Register,  a  Treasurer,  and  an  Assistant  to 
the  Secretary  of  the  Treasury,  which  assistant  shall  be  ap[)ointed  by 
the  said  Secretary ;  all  of  which  officers  shall  receive  s-uch  salaries, 
respectively,  as  may  be  provided  by  law. 
Duties  of  Se'-retary  Sec.  2.  And  be  it  further  cuacted,  That  it  shall  be  the  duty  of  the 
of  the  Treasury.  Secretary  of  the  Treasury  to  superintend  the  collection  of  the  public 
revenue;  to  digest  and  prepare  plans  for  the  improvement  and  man- 
agement thereof,  and  for  the  support  of  the  public  credit ;  to  prepare 
and  report  estimates  of  the  public  revenue  and  the  public  expenditures; 
to  decide  on  the  forms  of  keeping  and  stating  accounts  and  making 
returns,  and  to  grant,  under  the  limitations  herein  established  or  to  be 
hereafter  provided,  all  warrants  for  moneys  to  be  paid  into  the  Treasury, 
and  all  warrants  for  moneys  to  be  issued  from  the  Treasury,  in  pursu- 
ance of  appropriations  by  law;  to  execute  such  services  relative  to  the 
sale  of  the  public  property  belonging  to  the  Confederate  States  as  by 
law  may  be  required  of  him  ;  to  make  reports  and  give  information  to 
the  Congress  or  the  President — in  person  or  in  writing,  as  may  be 
required — concerning  all  matters  referred  to  him  by  the  Congress  or 
the  President,  respectively,  and  which  shall  appertain  to  his  office;  and 


PROVISIONAL  CONGRESS.     Sess.  I.     Ch.  8.     1861.  3! 

generally  to  perform  all  such  services  relative  to  the  finances,  and   all 
such  other  duties,  as  he  ma}'  by  law  be  directed  to  perform. 

Sec.  3.  And  be  ii  further  enacted,  That  the  Secretary  of  the  Treasury    May  appoint  clerks; 
shall  have  power  to  appoint  a  chief  clerk,  and  also  such  other  clerks,  "'^'-^ '=°'"P«««''tio"- 
from  time  to  time,  as  he  may  deem  necessary,  and  Congress  may  author- 
ize by  law,  which  officers  shall  respectively  receive  such  compensation 
as  may  be  provided  by  law. 

Sec.  4.  And  he  it  further  enacted,  That  the  Secretary  of  the  Treasury    shaii  procure   m 
shall  cause  to    be  procured    an  official    seal   for   the   Department  of  °^'*'''*' ^''*'' 
Treasury,  to  be  approved  by  the  President ;  and   copies   of  all  official  f.  ^°p'®5  '^^  record?, 
papers  or  records  in  said  department,  certified  under  the  seal  thereof,  ceivcd  as  evidence. 
shall  he  received  in  evidence  in  all  the  courts  of  the  Confederate  States, 
in  lieu  of  such  original  papers  or  records. 

Sec.  5.  And  be  it  further  enacted,    That  it  shall  be  the  duty  of  the     Duties  of  Assistant 
Assistant  Secretary  of  the  Treasury  to  examine  all   letters,  contracts,  ury'^'^''^'^^  "^  Treas- 
and  warrants  prepared  for  the  signature  of  the  Secretary  of  the  Treasuiy, 
and  perform  all  such  other  duties  as  may  be  devolved  on  him  by  law  or 
by  the  Secretary  of  the  Treasury. 

Sec.  6.  And  be  it  further  enacted ,  That  it  shall  be  the  duty  of  the  troUer'"^"'"  ^'"°^" 
Comptroller  to  superintend  the  adjustment  and  preservation  of  the 
public  accounts;  to  examine  all  accounts  settled  by  the  Auditor,  and 
certify  the  balances  arising  thereon  to  the  Register;  to  countersign  all 
warrants  drawn  by  the  Secretary  of  the  Treasury  which  shall  be  author- 
ized by  law;  to  report  to  the  Secretary  the  otficial  forms  of  all  papers 
to  be  issued  in  the  dillerent  offices  for  collecting  the  public  revenue, 
and  the  manner  and  form  of  keeping  and  stating  the  accounts  of  the 
several  persons  einployed  therein.  He  shall,  moreover,  provide  for  the  . 
regular  and  punctual  payment  of  all  moneys  which  may  be  collected, 
and  shall  direct  prosecutions  for  all  delinquencies  of  officers  of  the  reve- 
nue, and  for  debts  that  are  or  shall  be  due  to  the  Confederate  States. 

Sec.  7.  Arid  be  it  further  enacted,  That  it   shall   be  the  duly  of  the     Datioa  of  the  Audi- 
Auditor  to  receive  all  public  accounts,  and  after  examination  to  certify  ^'^^' 
the  balance,  and  transmit  the  accounts,  with  the  vouchers  and  certifi- 
cate, to  the  Comptroller  for  his  decision  thereon  :  Provided,  That  if  any 
person  whose  account  shall  be  so  audited  be  dissatisfied  therewith,  he 
may  appeal  to  the  Comptroller  against  such  settlement. 

Sec.  8.  And  be  it  further  enacted,    That   the   Auditor  of  the  public     Auditor   may  td- 
accounts  shall    be  empowered    to  administer   oaths   or    affirmations  to  '"'"'■^'«''  o""!?. 
witnesses,  in  any  case  in  which  he  may  deem  it  necessaiy  or  proper 
for  the  due  examination  of  the  accounts  with  which  he  may  be  charged,     punes  of  the  p.c- 

Sec.  9.  And  be  it  further  enacted.  That  it  shall  be  the  duty  of  the  Eis'tir. 
Register  to  keep  all  accounts  of  the  receipts  and  expenditures  of  the 
public  money,  and  of  all  debts  due  to  or  from  the  Confederate  States  ; 
to  receive  fiom  the  Comptroller  the  accounts  which  shall  have  been 
finally  adjusted,  and  to  preserx"^  such  accounts,  with  their  vouchers 
and  certificates ;  to  record  all  wai-rants  for  the  receipt  or  payment  of 
moneys  at  the  Treasury,  certify  the  same  thereon,  and  to  transmit  to 
the  ^fecretary  of  the  Treasury  copies  of  the  certificates  of  balances  of 
accounts  adjusted  as  herein  directed. 

Sec.  10.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  the  Duties  of  the  Trcae- 
Treasurcr  to  receive  and  keep  the  moneys  of  the  Confederate  States,  and  "''*='■• 
to  disburse  the  same  upon  warrants  drawn  b}'  the  Secretary  of  the  Treas- 
ury, countersigned  by  the  Comptroller,  and  recorded  by  the  Register,  and 
not  otherwise  ;  he  shall  take  receipts  for  all  moneys  paid  by  him,  and  all 
receipts  for  moneys  received  by  him  shall  be  endoi'sed  upon  warrants 
signed  by  the  Secretary  of  the  Treasury,  without  which  warrant,  so 
signed,  no  acknov.'ledgment  for  money  received  into  the  public  Treas- 


32  PROVISIONAL  CONGRESS.     Sess.  I.     Ch.  9.     1861.- 

ury  shall  be  valid.  And  the  said  Treasurer  shall  render  his  accounts 
to  the  Comptroller  quarterly,  or  oftener  if  required,  and  shall  transmit 
a  copy  thereof,  when  settled,  to  the  Secretary  of  the  Treasury.  He 
shall,  at  all  times,  submit  to  the  Secretary  of  the  Treasury  and  the 
Comptroller,  or  either  of  them,  the  inspection  of  the  books  and  records 
in  his  office,  and  of  all  moneys  in  his  hands;  and  shall,  prior  to  enter- 
ing upon  the  duties  of  his  office,  give  bond,  with  good  and  sufficient 
sureties,  to  be  approved  by  the  Secretary  of  the  Treasury  and  Comp- 
troller, in  the  sum  of  one  hundred  and  fifty  thousand  dollars,  payable  to 
the  Confederate  States  of  America,  with  condition  for  the  faithful  per- 
formance of  the  duties  of  his  office,  and  for  the  fidelity  of  the  persons 
to  be  by  him  employed,  which  bond  shall  be  lodged  in  the  office  of  the 
Comptroller. 
Probibition  npon  Sec.  11.  Jlnd  be  H  fuHlicr  enacied,  That  no  person  appointed  to  any 
persons  appointed  to  office  instituted  bv  this  act  shall,  directly,  or  indirectly,  be   concerned 

office  under  th:s  act.  J  .  '  '^  \     c  •'  i 

or  interested  as  owner  in  whole  or  in  part  of  any  .^ea-vessel ;  or  pur- 
chase, by  himself  or  another  in  trust  for  him,  any  public  property  or 
forfeited  goods  ;  or  be  concerned  in  the  purchase  or  disposal  of  any 
public  Securities  of  any  State  or  of  the  Confederate  States  ;  or  take  or 
apply  to  his  own  use  any  emolument  or  gain  for  negotiating  or  transact- 
ing any  business  in  the  said  department,  other  than  what  shall  be 
Penalty  for  breach  allowed  by  law.  And  if  an}' person  shall  offend  against  any  of  the 
6f  the  prohibitions  of  prohibitions  of  this  act,  he  shall  be  guilty  of  a  high  misdemeanor,  and 
forfeit  to  the  Confederate  States  the  penalty  of  three  thousand  dollars, 
and  shall,  upon  conviction,  be  removed  from  office  and  forever  there- 
after be  incapable  of  holding  any  office  under  the  Confederate  States  : 
Provided,  That  if  any  other  person  than  a  public  prosecutor  shall  give 
information  of  any  such  offence,  upon  which  a  prosecution  and  convic- 
tion shall  be  had,  one-half  of  the  aforesaid  penalty  of  three  thousand 
dollars,  when  recovered,  shall  be  for  the  use  of  the  person  giving  such 
information. 

Approved  February  21,  1851. 


February  21, 18C1.  Chap.  IX.— .An  Act  to  establish  the  War  Department. 


fstTbUshfd^'^^""^"'       ^^^  Congress  of  the  Confederate  States  of  America  do  enact,  That 
an  executive  department  be,  and  the  same  is  hereby  established,  under 
the  name  of  the  War  Department,  the  chief  officer  of  which  shall  be 
called  the  Secretary  of  War. 
ef'^war!°T^o'hTve      Sec.  2.  Be  it  fwlher  enacied,  That  said  Secretary  shall,  under  the 
charge  of  all  matters  direction  and  control  of  the  President,  have  charge  of  all  matters  and 
a°a"iad1an"^Tribes'."^  things  Connected  with  the  arni3\  and  with  the  Indian  tribes  within  the 
limits  of  the  Confederac}-,  and  shall  perform  such  duties  appertaining 
to  the  army,  and  to  said  Indian  tribes,  as  may  from  time   to  time  be 
assigned  to  him  by  the  President, 
pon  cer  s.      g^^^  ^    ^^^^  be  it  furikcr  enacted,  That  the   Secretary  of  said   de- 
partment is  hereby  authorized  to  appoint  a  chief  clerk  thereof,  and  as 
many  inferior  clerks  as  maybe  found  necessary  and  may  be  authorized 
by  law. 

Approved  February  21,  1861. 


PROVISIONAL  CONGRESS.     Sess.  1.     Cn.  10,  11,  12.     1861.  3; 

Chap.  X.—  An  Act  to  establish  the  Navy  Department.  February  21,  1S81. 


The  Congress  of  the  Confederate  States  of  America  do  enact,  That    Navy  Dcpartmem 
-an  executive  department  be,  and  the  same  is  hereby  established,  to  be 
called  the  Navy  Department. 

Sec.  2.  Be  it  further  ennded,  That  the  chief  officer  of  said  depart-  J"''°'thl  nI^'^"'*" 
ment  shall  be  called  the  Secretary  of  the  Navy,  and   S'hall,  under   the  ^^^ ''' 
direction  and  control  of  the  President,  have   ciiarge  of  all  matters  and 
things  connected  with  the  Navy  of  the  Confederacy,  and  shall  perform 
all  such  duties  appertaining  to  the  navy  as  shall,  from  time  to  time,  be 
assigned  to  him  by  the  President. 

Sec.  3.  Be  it  further  enacted,  That  said  Secretary  shall  be  author- 
ized to  appoint  a  chief  clerk  and  such  other  clerk?  as  may  be  found 
necessary  and  be  authorized  by  law. 

Approved  February  21,  1861. 


Chap.  XI.— To  establish  the  Post  Office  Department  Fehruary  21,  ISfH. 


The  Congress  of  the  Co)  federate  States  of  Aynerica  do  enact.  That    Post  omce  Depart- 
there  shall  be  an   executive  department,  to  be   denominated  the  Post  ™'^" 
Office  Department,  and  there  shall  be  a  principal  officer  therein,  to  be 
called  the  Postmaster  General,  who  shall  perform   such  duties  in  rela-     rntrcs  of  thePoi* 
tion  to  post  offices  and  post  routes,  as  shall  bo   enjoined  on  him  by  the  saUry. "'""''''''   ^^ 
President  of  the  Confederate  States,  agreeabl}''  to  the  constitution  and 
the  laws  of  the  land,  who  sh;ill  be  paid  an  annual  salary  to  be  fixed  by 
law,  and  have  power  to  appoint  a  chief  clerk  and  such   inferior  clerks    May -ippoin' cierbi. 
as  may  be  found  necessary,  who   shall  receive   such    compensation  as 
may  be  fixed  by  law. 

Approved  February  21,  1861. 


Cbap.  XII." — An  Act  to  orsanizt  and  establish  an  Executive  Department,  to  be  known  as  the    February  21,  tS61. 
Department  0/  Justice.  

The  Congress  of  the  Confederate  States  of  America  do  enact.  That  ticeTsl'Lllah^j.^''"*' 
from  and  after  the  passage  of  this  act,  there  shill  be   an  executive  de- 
partment, to  be  known  as  the   Department   of  .Justice.     The   piincipal  Q^if^j^j^,^  °^  ^"°"**^ 
officer  at  the  head  of  said  department  shall  be  denominated  the  Attorney 
General,  who  shall  be  paid   an  annual  salary   to  be  fixed  by   law,  and 
who  shall  have  the  power  to  appoint  a  clerk,  at  such   compensation     May  appoint* 
as  may  be  fixed  by  law. 

Sec.  2.   It  shall  be  the  duty  of  the  Attorney  General  tc  prosecute  and     yutiM  of  the  A>. 
conduct  all  suits  in  the  Supreme  Court,  in  wliich  the  Confederate  States  *""*^^  ^t^"'*- 
shall  be  concerned,  and  to  give  his  advice  and  opinion    upon,  questions 
of  law,  when  required  by  the  President   of  the  Confederate   States,  or 
when  requested  by  any  of  the  heads  of  departments,  tonchingany  mat- 
ters that  may  concern  their  departments  on  subjects  before  them.     He     Supervisory  p.wet 
shall  also  have  supervisory  power  over  the  accounts   of  the  marshals,  ma^ahiis  aiKrofflcen 
clerks  and  officers  of  all  the  courts  of  the  Confederate  States,  and  all  -^^ '''<' couri«, 
claims  against  the  Confedeiate  State?. 

Approved  February  21,  1861. 
3 


S4  TROVISIONAL  COIs^GRESS.     Skss.  I.     Ch.  13.     1861. 

February  ?8, 18C1.      Chap.  XIXI.— An  Act  to  prescribe  the  Katfs  of  Postage  in  the  Confederate  Slates  of  America-,. 

—.^^-—^—~^—  and  for  other  purposes. 


Tateg  of  poBtage  The  Coi^grcss  of  the  Confederate  States  of  America  do  enact.  That- 
from  and  after  such  period  as  the  Postmaster  General  may  by  procla- 
mation announce,  there  shall  be  charged  the  following  rates  of  postage, 

Onshigit  leticre.  to-wit :  For  every  single  scaled  leMer,  and  for  every  letter  in  manuscript 
or  paper  of  any  kind,  upon  which  information  shall  be  asked  for  or 
communicated  in  writing,  or  by  marks  or  signs,  conveyed  in  the  mail 
for  any  distance  between  places  within  the  Confederate  States  of  America, 
not  exceeding  five  hundred   miles,   five  cents ;   and    fur  any   distance 

What  deemed  a  exceeding  five  hundred  miles,  do.)ble  that  rate;  and  every  letter  or 
parcel  not  exceeding  half  an  ounce  in  weight  shall  be  deemed  a  single 
letter,  and  every  additional  weight  of  half  an  ounce,  or  additional 
weight  of  less  than  half  an  ounce,  shall  be  charged  with  an   additional 

What  packages  sino;le  postasfc  ;  and  all  packaires  containinj  other  than  printed  or  written 
matter — and  money  packages  are  included  in  this  class — shall  be  rated 
by  weight  as  letters  are  rated,  and  shall  be  charged  double  the  rates  of 
Drop  letteri.  postage  on  letters;  and  all  drop  letters,  or  letters  placed  in  any  post- 
office  not  for  transmission,  but  for  delivery  only,  shall  be  charged  with 

Posiapc  prepaid  postage  at  the  rate  of  two  cents  each  ;  and  in  all  the   foregoing  cases 

™'**'  the  postage  must  be   pre-paid  by  stamps;  and  all   letters    which  shall 

hereafter  be  advertised  as  remaining  over  or  uncalled  for  in  any  post- 

on^iciterrrdveS!  o^^e,  shall  be  charged  with  two  cents  each    in  addition   to  the  regular 

postage,  both  to  be  accounted  for  as  other  postages  of  this  Confederacy. 

PoBtasrc  on  news-      Sec.  2.  And  be  it  further  ennctrd,  That  all  newspapers  not  exceeding 

pspere  seiit  from  the     ,  .  .    •{  ^    ,  ,,  ,r  /•         i  i-        •  i        ^ 

office  of  publication  three  ounces  in  weight,  sent  ironi  the  oluce  oi  publication  to  actual  and 

to BubBcribere.  bona  fide  subscribers,  shall  be  charged  with  postage  as  iollows,  to-wit: 

The  postage  on  the  regular  numbers  of  a  newspaper  published  weekly, 

within  the  Slate  where  published,  shall  be  six  and  one-half  cents  per 

quarter;    and   papers  published  semi-weekly,   double   that   rate;    and 

papers  published  thrice  a  week,  trble  that  rate  ;   and  })apers  published 

daily,  six  times  that  rate;   and  the  postage  on  all  newspapers  to  actual 

subscribers  without  the  State  where  published,  shall  be  charged  double 

On  periodi;aiB  bo  (he  fbregoing  rates.     And  periodicals  sent  from  the  office  of  publication 

to  actual  and  bona  fide  subscribers,  shall  be  charged   with   postage  as 

follows,  to  wit:  The  postage  on  the   regular   numbers  of  a   periodical 

not  exceeding  one  and  a  half  ounces  in  weight  and  published  monthly; 

within  the  State  where  published,  shall  be  three  cents  per  quarter  ;  if 

published  semi-monthly,    double   that   rate  ;   and  for  every   additional 

ounce  or   fraction   of  an   ounce,    double   the  foregoing  rates  shall   be 

charged  ;   and  periodicals  published   quarterly   or  bi-monthly   shall  be 

charged  one  cent  an  ounce  ;  and  the  postage  on  all  periodicals  without 

the  State  where  published  shall  be  double  the  above  specified  rates  ;   and 

regular  subscribers  to  newspapers  and   periodicals  shall  be  required  to 

o.T  other  newppa-  p^^y  one  quarter's  postage  in  advance.     And  there  shall  be  charged  upon 

oircuiHTa/'im'i'i'd'bii^  every  ot^er  newspaper,  and  each  circular  not  sealed,  handbill,  engrav- 

engravingg,  etc.         jpg_    pamphlet,   periodical  and  magazine,  which  shall   be   unconnected 

with  any  manuscript  or  wrttten  tnatter,  not  exceeding  three  ounces  in 

weight,   two  cents ;  and  for  each   additional  ounce  or  fraction  of  an 

ounce,  two  cents  additional  ;   and  in  all  cases  the   postage  shall  be  pre- 

On  books, bouEd  or  paid  by  stamps.     And  books,  bound   or  unbound,   not  weighing  over 

un  ouud.  ^^ijj.  pf,^j^j^^  shall  be  deemed   mailable  matter,   and   shall   be  charged 

with  postage,  to  be  pre  paid  by  stamps,  at  two  cents  an  ounce  for  any 

pubiicar.ou's^tYeud!  ^''^*^"^^"     '^'^^   publishers   of  newspapers   or  periodicals   may  send  to 

•ther,  free  of  post  age.  each  other,  from  their  respective  offices  of  publication,  free  of  postage, 

one  copy  of  each  publication. 


PROVISIONAL  CONGRESS.     Sess.  I.     Ch.  13.  1861.  35 

Sec.  3.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  the  Post-    Depu  ty  postman- 
master  General  to  provide  and  furnish  to  all  deputy  postmasters,  and  to  all  **"'  "J"!  °!?"  .^"; 

,  '      .  ,  .  I  r  •      1  1  sons,  to  be  lurnished 

oiner  persons   applying  and   paying  therefor,  suitable  postage   stamps  "^'^^  postage  stampi 
and  stannped  envelopes,  of  the  denomination  of  two   cents,  five  cents,  opes/'^'"^^''  ^''^'^' 
and  twenty  cents,  to  facilitate  the  pre-payment  of  postages  provided  for 
in  this  act;  and  any  person  who  shall  forge  or  countcM-l'eit  any  postage     Penalty  for forpinir 
■    stamp  provided  or  furnished  under  the  provisions  of  this  or  any  former  "osta'^J'stam  V'^'""*^ 
act,  whether   the    same   are    impressed    or    printed    on  or  attached   to 
envelopes  or  not,  or  any  die,  plate,  or  engraving  therefor,  or  shill  make     ^  ^o""  making, 
or  print,  or  knowingly  use  or  sell,  or  have  in  his  possession,  with  intent  fo"gfd*'or''°cou'n'te?- 
to  use  or  sell,  any  such  false,  furged  or  counterfeited  die,  plate,  eno-rav-  felted  dies,  plates,  etc. 
ing  or  postage   stamp,  or  who  shall    make  or   print,   or  authorize   or 
procuie  to  be  made  or  printed,  any  postage  stamps  of  the  kind  provided 
and   furnished    by   the   Postmaster  General   as   aforesaid,   witliout   the 
especial  authority  and  direction  of  the  Post  Office  Department,  or  who, 
after   such    postage    stamps    have   been    printed,  shall,  with   intent  to     Or  for  jeiiverin? 
defraud    the   revenues   of   the    Post  Office    Department,    deliver   any  KutVorll^^"""*" 
postage  stamps   to  any  person  or  persons,  other  than   such  as  shall  be 
authorized  to  receive  the  same  by  an  instrument  of  writing,  duly  exe- 
cuted   under   the    hand  of  the  Postmaster   General  and  the  seal  of  the 
Post  office  Department,  shall,  on  conviction   thereof,  be   deemed  guilty 
of  felony,  and  be  punished  by  a  fine  not  exceeding  five  hundred  dollars, 
or  by  imprisonment  not  exceeding  five  years,  or  by  both  such  fine  and 
imprisonment;   and  the  expenses  of  procuring  and    providing  all  such 
postnge   stamps  and  letter  envelopes  as  are  provided  for  or  authorized 
by  this  act,  shall  be  paid,  after  being   adjusted   by    the  Auditor  of  the 
Post-Office  Depart:nent,  on  the  certificate  of  the  Postmater  General,  out 
of  an}'  money  in  the  treasury  arising  from   the  revenues  of  the  Post 
Office  Department. 

Sec.  4.  ^nd  be  it  further  enacted,  That  it  shall  be  the  duly  of  every     Postmasters  to  de- 
postmaster   to  caue  to  be  defaced,  in  such  manner  as  the  Po^tniaster  ^'J[yj.iJ|,'^jp"j^,^^'*^^ 
General  shall  direct,  all  postage  stamps  of  thi*  Confederacy  attached  to 
letters  deposited  in  his  office  for  delivery,  or  to  be  sent  by  mail ;   and  if 
any  postmaster  sending  letters   in  the  mail,  with  such  postage  stamps 
attached,  shall  omit  to  deface  the  same,  it  shall  be  the  duty  of  the  post-     Penalty  for  omis- 
master,  to  whose   office  such   letter  shall  be  sent  for  delivery,  to  deface  ^'""" 
the  stamps  and   report  the   delinquent  postmaster  to  the    Postmaster 
General.    And  if  any  person  shall  use  or  attempt  to  use  r*i  pre-payment 
of  postage  any  postage  stamps   which  shall   have   been  bef()re  used  for 
like  purposes,  such  person  shall  be  subject  to  a  penalty  of  fifty  dollars     Penalty  for  using 
for  every  such  offence,  to  be  recovered  in  the  name  ofthe  Confederate  had  been^befbreusel' 
States  of  Americ;i  in  any  court  of  competent  jurisdiction. 

Sec.  5.  Andbr.  if  farther  enacted,  That  from  and  after  the  day  when     Franking  privilege 
this  act  goes  into  efl^l-ct  the  franking  privilege  shall  be  abolished  :   Pro-  ''^'>^'^^^'^- 
in  ded,Tha[  the  Postmaster  General  and  his  chief  clerks  and  Auditor  ofthe     Kxccption  in  furor 
Treasury  for   the  Post  Office  Department  shall  be  and  they  are  hereby  of  certain  officers  in 

..••j.,  -,,1  i,i  •!,•  c  .  1.  *''e  Postoffice  Depart- 

autliorized   to   transmit   through  the  mail,  free  or  postage,  any  letters,  mem 

packages  or  other  matters  relating  exclusively  to  their  official  duties  or 

to  the  business  of  the  Post  Office  Department;  but  they  shall,  in  every 

such  case,  endorse  on  the  back  of  the  letter  or  package  to  be  sent  free 

of  postage,  over  their  own  signatures,  the   words    "  Ofiicial  Business." 

And  for  any  such  endorsement  falsely   made,  the  person   so  offending 

Bhall  forfeit  and    pay   three    hundred   dollars.     And  provided  further. 

The    several    deputy    postmasters  throughout  the  Confederate   States     and  deputy  po»t- 

shall   be  and    hereby  are  authorized  to  send  through  the  mail,  free  of  ""**"• 

postage,  all  letters  and  packages  which  it  may  be  their  duty  or  they  may 

have  occasion  to  transmit  to  any  person  or  place,  and  which  shall  relate 


a«  TROVISIONAL  CONGRESS.     Sess.  I.     Ch.  14.   1361- 

exclusively  to  the  buf^iness  of  their  respective  offices  or  to  the  business 
of  the  Post  Office  Department  but  in  every  such  case  the  deputy  post- 
master sending  any  such  letter  or  packagje   shall  endorse  thereon,  over 
Penalty  on  these  his  own  signature,  the  words  "  Post  Office  Business,"  and  for  any  and 

ofncera   for  makiiie  u^j  rii  iii  i-<i  in 

uiHe   endorsements  every  such  endorsement  falsely  made,  the  person  making  the  same  shall 
•n letters, etc.  forfeit  and  piy  three  hundred  ilollars. 

Act  establishing  Sec.  G.  jJ/id  be  it  further  enacted,  That  the  third  section  of  an  act  en- 
n.U^,'replfiier'°"  t't'ed  "  An  act  further  to  amend  an  act  entitled  '  An  act  to  reduce  and 
modify  the  rates  of  postage  in  the  United  States,  and  for  other  purposes, 
passed  March  tliird,  eighteen  hundred  and  fifty-one,'  "  approved  March 
3d,  1855,  whereby  the  letter  registration  system  was  established,  be  and 
is  hereby  repealed,  from  and  after  the  day  when  this  act  goes  into  efTect. 
Frpress  and  other       Sec.  7.  Be  it  further  enacted,  That  no  letters  shall  bo  carried  by  the 

chartered  coiiipanies  ,11.  1  •  1  .1  ini  -j 

prohibited  irom  car-  express  Or  ottier  Chartered  companies,  unless  the  same  shah  be  pre-paid 

I^L"iage'p""paij'."""'^'  ^y  '^^'"g  enclosed  in  a  stamped  envelopb  of  this  Confederacy  ;   and  any 

Penalty  for  viola-  company  violating  the   provisions  of  this  act  shall   forfeit  and  pay  the 

sum  of  five  hundred  dollars  for  each  oflence,  to  be  recovered  by  actioa 

of  debt  in  any  court  of  this  Confederacy  having  cognizance  thereof,  in 

^  the  name  and  for  the  use  of  this  Confederacy. 

Sec.  8.  Be  it  further  enacted.  That  the  Postmaster  General  of  the  Con- 

federalf^  States  be  and  ishereb}'  authorized  tomake  all  necessary  arrange- 

Transmiosion   of  orients  for  the  transmission  of  mails  between  the  territories  of  this  and 

nails  between  the  ter-       ,  1  •       ,  ,1  1      r    1       t.        •  1  •,  • 

ritorii-s.  Other  governments,  subject  to  the  approval  of  the  rresident,  until  postal 

treaties  can  be  effected. 

Approved  February  23,  1861. 


^■^n>1^v  25  isn  Chap.  XIV. — An  Act  to  dielarc  and  establish  the  Free  A'avigation  of  the  Slississippi  River. 

.  Riviijation  of  the       j'/^g  Cotisrcss  of  the  Confederate  States  of  America  do  enact .  That 

Uississppi  river  de-  f  ,J,  ■  ...  .       .      .-'         .     ,  i       i  i   /• 

dared  free.  the  peaceful  navigation  of  the  Mississippi  river  is  hereby  declared  free 

to  the  citizens  of  any  of  the  States  upon  its  borders,  or  upon  the   bor- 

Reguiafions     f o  r  (]ers  of  its  navigable  tributaries ;   and  all  ships,  boats,  raits  or  vessels 

Ttssels  navigating  the  •i.u  j  i  i.-  u  xi-fuj 

Mine.  may  navigate  the  same,  under  such  regulations  as  may  be  established 

by  authority  of  law,  or  under  such  police  regulations  as  ma}'  be  cstab- 
lisfied  by  the  States  within  their  several  jurisdictions. 
Vessels  entering?      Sec.  2.  Be  it  further  cancicd,  All  ships,  boats,  or  vessels,  which  may 

»td  river  within  tiie  entcr  the  Waters  of  the  said  river  within  the  limits  of  this  Confederacy, 

naiit3  ol   flie  l,on!ea-    .  i  •  r        i  •"  i 

erary  may  pass  to  from  any  port  or  place  beyond  the  said   limits,  may  freely  pass  with 
Bn^is^vuh'^thdr' car-  fheir  Cargoes  to  any  other  port  or  place  beyond  fjie  limits  of  this  Con- 
goeo,  without  any  flu-  fet'eracy  wifhout  any  duty  or  hindrance,  except  light  money,  pilotage, 
ey, pilotage,  &c ;  but  and  othcT  like  charges  ;    but  it  shall   not  be   lawful  for  any  such  ship, 
•fV°y^parrof  car'^o  ^^^^j  o'"  vessel  to  Sell,  deliver,  or  in  any  way  dispose  of  any  part  of  her 
toUiis  Confederacy"   cargo,  or  land  any  portion  thereof  for  the  purpose  of  sale  and  delivery 
within  the  limits  of  this  Confederacy;   and  in  case  any  portion  of  such 
cargo  shall  be  sold  or  delivered,  or  landed  for  that  purpose,  in  violation 
of  the  provisions  of  this  act,  the  same  shall  be    forfeited,  and  shall   be 
seized  and  condemned  by  a  proceeding   in  admiralty  before  the   court 
having  jurisdiction  of  the  same  in  the  district  in  which  the  same  may  be 
iWn*"howrMciv'JdI'^'  f*^""'' '  ^"'^  ^^c  ship,  boat,  or  vessel  shall  forfeit  four  times  the  amount  of 
the  value  of  the  duties  chargeable  on  the  said  goods,  wares,  or  merchan- 
dise so  landed,  sold,  or  disposed  of  in  violation  of  the  provisions  of  this 
act,  to  be  recovered  by  a  proper  proceeding  in  admiralty  before  the  said 
court,  in  the  district  in  which  such  ship,  boat,  or  vessel  may  be  found. 


PROVISIONAL  CONGRESS.     Sess.  I.     Ch.  14.     18GI.  31 

ene-half  forthe  use  of  (he  collector  of  the  district  who  shall  institute  and 
conduct  such  proceeding,  the  other  half  for  the  use  of  the  Government 
of  the  Confederate  States:  P/'ovided,  That  if  any  such  ship,  boat,  or  ^f^^^^J'^^^'^V^/X 
vessel  shall  be  stranded,  or  from  any  cause  become  unable  to  proceed  on  aWed  vesseu. 
its  voyage,  the  cargo  thereof  may  be  landed  and  the  same  may  be  entered 
at  the  nearest  port  of  entry,  in  the  same  manner  as  goods,  wares,  and 
merchandise  regularly  consigned  to  said  port;  and  the  person  so  en- 
tering the  same  shall  be  entitled  to  the  benefit  of  drawback  of  duties 
or  cU'  warehousing  said  goods,  wares  and  merchandise  as  provided  by 
law  in  other  cases. 

Sec.  3.  A  ad  be  it  farther  enacted,  If  any  person  having  the  charge  jpj'^o.^.ln^unpacidng" 
of  or  being  concerned  i.i   the  transportation  of   any  goods,  wares,  or  exchanging  or  con- 
merchandise  upon  the  said  river,  shall,  with  intent  to  defraud  the  rev-  ^Xred  "for'^tS 
enue,  break  open  or  unpack,  within  the  limits  of  the  Confederate  States,  portation. 
any  part  of  the  merchandise  entered  for  transportation  beyond  the  said 
limits,  or  shall  exchange  or  consume  the  same,  or  with  like  intent  shall  ^     ,.        ^,   , 

'         ,     ,  '^  ,  r     ,       •  1  1   lU  u  cc  C   Brcakinp:  or  defacing 

break  or  deface  any  seal  or  fastening  placed  thereon  by  any  olhcer  ot  any  seal  oi- fasteninR. 

the  revenue,  or  if  any  person  shall    deface,  alter,  or  forge  any  certifi-  ceniflcates"'^ ^°'^°* 

cate  granted  for  the  protection  of  merchandise  transported  as  aforesaid, 

each  and  every  person  so  offending  shall  forfeit  and  pay  five   hundred 

dollars,  and  shall   be  imp^oned  not  less  than  one  nor   more  than    six 

months,  at  the  discretion  of  the  court  before  which  such  person  shall 

be  convicted. 

Sec.  4.  Be  it  further  enacted,  In  case  any  ship,  boat,  or  vessel  shall    Masters,  &c..  of  vea- 
enter  the  waters  of  the  said  river  within  the  limits  of  the  Confederate  ofUie^Missislippimay 
States,  having  on  boaid  an}'  goods,  wares,  or  merchandise  subject   to  ^r'JtLe^-w^e  ^°^  ^*'* 
the  payment  of  duties,  and  the  master,  consignee,  or  owner  shall  desire 
to  land  the  same  for  sale  or  otherwise,  it  shall  be  lawful  to  enter  the 
said  goods,  wares,  and  merchandise  at  any  port  of  entry,  in  the  same 
manner  as  goods,  wares,  or   merchandise  regularly  consigned    to  the 
eaid  port,  or  to  forward  them  under  bond  or  seal  according  to  the  regu- 
lations customary  in  such  cnses,  when   consigned  to  any  port  or  place 
beyond  the  limits  of  this  Confederacy,  and  on  payment  of   the  duties  ties" noTi!c tor  u 
on  said  goods,  to  obtain  from  the  collector  a  license  to  land  the  same  grant  license, 
at  any  point  on  \.he  river  ;  and  when  goods,  wares,  or  merchandise  shall 
be   entered  as   aforesaid,  the  owner,  importer,  or    consignee   shall  be  be^efit'Vdrawbac*k 
entitled  to  the  benefit  of  drawback  of  duties  or  of  warehousing  the  said  of  duties  or  of  ware- 
goods,  wares,  and  merchandise,  as  is  provided  by  law,  upon  complying  '""'""sgoo  s. 
with  all  the  laws  and  regulations  which  apply  to  cases  of  entry  for 
drawback  or  warehousing  respectively. 

Sec.  5.  Be  it  further  enacted,  When  any  such  ship,  boat,  or  vessel,     Masterof  vessel  o« 

.  /  '  ,     •    ,•  I  •       i  1      ji  arrival  at  first  port  of 

having  on  board  goods,  w'ares,  and  merchandise  subject  to  the  payment  entry,  to  deposit  with  \ 
of  duties,  as  set  forth  in  the  fourth  section,  shall  arrive  at  the  first  port  [,'rthe'ctrgo."'''"'^'*' 
of  her  entry  of  the  Confederate  States,  the  master  or  person  in  com- 
mand of  such  ship,  boat,  or  vessel  shall,  before   he  pass  the  said  port, 
and  immediately  after  his  arrival,  deposit  with  the  collector  a  manifest     Collector  to  certifr 

-     ,  •',  ,        ,  .  I      '  ,      /•     1    ,•  111  -J  ""(i    trausmit    maol- 

01  the  cargo  on  board  subject  to   the  payment  ot    duties,  and   tlie  said  fest. 

collector  shall,  after  registering  the  same,  transmit  it,  duly  certilied  to 

have  been   deposited,   to  the  officer  with  whom   the   entries  are  to  be 

made;  and  the  said  collector  may,  if  he  judge  it    necessary  for  the 

eecurity  of  the  revenue,  put  an  inspector  of  the  customs  on  board  any     M»y  rut  inspector 

.  •        1  I  .1  ^11  ■       1      1  on  the  vessel. 

such  ship,  boat,  or  vessel,  to  accompany  the  same  until   her  arrival  at 

the  first  port  of  entry  to  which  her  cargo  may  be  consigned  ;    and  if  f„r^f,',-?i'',^  ""  ^^.po^u 

the  master  or  person  in  command  shall  omit  to  deposite   a  manifest  as  manifest  or  rtfusinit 

aforesaid,  or  refuse  to  receive  such  inspector  on  board,  he  shall  forfeit  ^ '■^''"'*  "*p 

and  pay  five  hundred  dollars,  with  costs  of  suit,  one-half  to  the  use  of 

the  officer  with  whom  the  manifest  should  have  been  deposited,  and  the 


38  PROVISIONAL  CONGRESS.    Sess.  I.    Ch.  15,  16, 17.    1861. 

other  Iialffo  the  use  of  the  collector  of  the  district  to  which  the  vessel  was 

bound  :  Provided,  however,  That  until  ports  of  entry  shall  be  establit^hed 

ThiBactnot  to  ap-  above  the  city  of  A'irksburg,  on  the  Mississippi  river,  the  penalties  of 

»tVe"rfa'iD''po'!-u7'''^'''^  "^''^  ^^^  ^^^^^  "°^  extend  to' the  delivery  of  goods  above  that  port  by 

vessels  or  boats  descending  said  river. 

Approved  February  25,  1861. 


February  26, 1S61.     Chap.  "SM.—An   Act   to  modify  tht  Kavigntion  Laws  and  repeal  all  Discriminating  Dutiet 
! on  i'Ai'pi  or  Veaels. 


Vessels  not  enrolled  T/ic  CoTigTCss  of  tlic  Confederate  States  of  America  do  enact,  That 
em p  1  oTt^d  T/ the  ^^^  IsiVv^  which  forbid  the  employment  in  the  coasting  trade  of  ships  or 
coasting  trade.  vessels  not  enrolled  or  licensed,  and  also  all  laws  which   forbid   the 

vmportation''oV"g'ood^  importation  of  goods,  wares,  or  merchandise  from  one  port  of  the  Con- 
in  vessels  beionRinp  federate  States  to  another  port  of  the  Confederate  States,  or  from  any 

to  foreigners,  repeal-  .  .  '  i    i     i  •  ■  i 

ed.  loreign  port  or  place,  in  a  vessel  belonging  wholly  or  in  part  to  a  sub- 

ject or  citizen  of  any  foreign  State  or  power,  are  hereby  repealed. 
Repeal  of  laws  im-      Sec.  2.  All  laws  which  impose   any  discmninating  duty  on   the  ton- 

!taue7o1i\onnage"°^  ^S^  of  ships  or  vcsscls  owncd  by  any  subject  or  citizen  of  any  foreign 
State  or  power,  or  upon  goods,  wares  or  merchandise  imported  in  any_ 
such  ship  or  vessel,  are  hereby  repealed. 

Approved  February  26,  1861. 


February  26, 1  SGI.    Chap.  XVI. — An  Act  to  dejine  m.ore  accurately  the  Exemjition  of  Certain  Goods  frotn  Duty . 


ixemption   from      TJic  CongTCss  of  the  Confederate  States  of  America  do  enact,  That 
•Jiit^s  allowed  by  act  |}^p  exemption  from  duties  allowed  by  the  act  to  "  Exempt  from  duties 

of  Feb.  IS,  IsCl,  to  '  J.   .  .  1  1    r  ,u  >>  J 

*xtend  only  to  cer-  certain  Commodities  therein  named,   and  lor  other  purposes,     passed 
laingoods.  Q„   jj^g   eighteenth   day  of  February,    1861,  shall  extend  only  to  such 

goods,  bona  fide  purchased  on  or  before  the  twenty-eighth  day  of  Feb- 
ruary instant,  as  shall  have  been  actually  hden  on  board  of  the  export- 
ing vessel  or  conveyance  destined  for  any  port  in  this  Confederacy,  on 
or  before  the  fifteenth  day  of  March,  in  the  present  year. 

Approved  February  26,  1861. 


February  26, 1861.     Chap.  XVII. — An  Act  for    tht    Estnblishjnent  and  Organization  of  a  General  Staff  for  the 
Army  of  the  Confederate  States  of  America. 


fraiSof'tilelrm""       ^^^^  Cougrcss  of  the  Confederate  States  of  America  do  enact,  That 
from  and  after  the  passing  of  this  act,  the  general  staff  of  the  Army 
of  the  Confederate   States  shall   consist  of  an  Adjutant  and  Inspector 
General's  Department,  Quartermaster  Geneial's  Department,  Subsist- 
ence Department,  and  the  Medical  Department. 
Officers  in  the  Ad-      Sec.  2.  Be  H  further  enacted,  That  the  Adjutant  and  Inspector  Gen- 
CraPsVepTr?'  cral's  Department  shall  consist  of  one  Adjutant  and  Inspector  General, 
ment;  their  rank,      with  the  rank  of  colonel ;  four  Assistant  Adjutants  General,  with  the 


PROVISIONAL  CONGRESS.    Sess.  I.     Ch.  18.     1861.  39 

rank  of  major,  and  four  Assistant  Adjutants  General,  with  the  rank  of 
captain. 

Sec.  3.  Be  it  further  enacted.  That  the  Quartermaster  General's  De-     officers    in    the 
partment  shall  consist  of  one   Quartermaster  General,    with    the  rank  Quartermaster  Ger«- 

•  .  •   1      1  ^        c  •  ral'8    Department; 

•of  colonel;   six  Quartermasters,  with  the  rank  oi   major;  and  as  many  their  rauk  and  pay. 
Assistant  Quartermasters,   as  may   from   time   to  time  be  required  by 
the  service,  may  be  detailed  by  the   War   Department  from  the  subal- 
•terns  of  the  line,    who,    in   addition   to  their   pay    in   the  line,   shall 
receive  twenty  dollars  per  month  while  engaged  in  that  service.     The     ouariermarters  to 
-quartermasters   herein   provided    for  shall  also  discharge  the  duties  of  discharge  the  duties 
paymasters,  under  such   regulations   as  may  be  prescribed  by  the  Se-  "  pa.v'uas'-Te. 
cretary  of  War. 

Sec.  4.  i^e  it  further  enacted,  That  the  Commissary  General's  De-     officers  in  comm's- 
partment  shall  consist  of  one   Commissary   General,  with   the  lank  of  j'^^j.yjjj^^i"!''^'!!^^^.^'^*^ 
colonel;   four  Commissaries,    with   the   rank  of  captain,  and  as  many  and  pay. ' 
Assistant  Commissaries,  as  may  from  time  to  time   be  required  by  the 
service,  may  be  detailed  by  the  War  Department  from  the  subalterns 
of  the  line,   who,  in   addition  to  their  pay   in  the  line,  shall  receive 
twenty  dollars  per  month  while  engaged   in  that  service.     The  assist-     ^ssiHtant  quarter, 
ant  quartermasters  and  assistant  commissaries  shall  be  subject  to  duties  masters  and  cmmia- 
in  both  departments  at  the   same   time,    but  shall  not  receive  the  addi-  I'n  bothVepartmenti^ 
tional  compensation  but  in  one  department. 

Sec.  5.  Be  it  further  enacted,  That  the   Medical  Department  shall     omcevR  in  Meriiooi 
consist  of  one  Surgeon  General,   with   the  rank  of  colonel  ;   four  Sur-  J^a'nkand'yay  '***" 
geons,  with  the  rank  of  major,   and    six   Assistant  burgeons,  with  the 
rank  of  captain  ;   and  as  many  Assistant  Surgeons,  as  the  service  may 
require,  may  be  employed  by  the  Department  of  War,  and  receive  the 
pay  of  assistant  surgeons. 

Sec.   6.  Be  it  further  enacted,  That  the  officers  of   the   Adjutant    Officers  in  the  re- 
General's,    Quartermaster   General's   and    Commissary   General's  De- gume'^command  a^ 
partments,  though  eligible  to  command,  according  to  the  rank  they  hold  troops. 
in  the  army  of  the  Confederate  States  of  America,    shall   not  assume 
command  of  troops,  unless  put  on   duty  under  orders  which  specially 
so  direct  by  authority  of  the    President.      The  officers  of  the  Medical 
Department  shall  not  exercise  command  except  in  their  own  depart- 
ment. 

Sec.  7.  Be  it  farther  enacted,  That  the  staff  officers  herein  provided  ^  To^nt^'d^b 'The  Pte^ 
for  shall  be  appointed   by   the    President,    by  and  with  the  advice  and  sidoct. 
consent  of  the  Congress,  and  shall  receive  such  puy  and  allowances 
as  shall  be  hereafter  established  by  law. 

Approved  February  26,  1801. 


Chap.  XVlU.—An  Act  in  relation  to  Public  Printing.  February  27,  1661. 

The  Congress  of  the  Confederate  States  of  America  do  enact.  That   Act.s  and  resolutions 
the  Secretary  of  Congress  shall,  after  each  session,  prepare  for  publi-  of  Confrrcss, and Pro- 

(.  .        '      .  c      \\  ,.\  L  J   L        /-T  J  I    J-  visional  and  Perma- 

cation  lair  copies  ol  all  the  acts  passed  by  Congress,  and   resolutions  nent  Constitutions  to 
-of  a  pnblic  nature  intended  to  have  the  effect  of  laws,   together  with  be  published. 
the  Constitutions  for  a  Provisional  and  Permanent  Government  of  this 
Confederacy,  adopted  by  this  Congress. 

Sec.  2.   The  acts  shall  be  arranged   under   appropriate   titles,  shall     iiow  acts  to  be  ar- 
have  marginal  notes  to  each  section,  and  be  fully  indexed.  ranged. 

Sec.*3.  The  Secretary  shall  also  prepare  for   publication  copies   of    Journal  of  procetrt- 

.,  ui-        •  I      /•   11  J-  r   iL-      /">  J       /■    11  ■      1  i  n  g 3  o  f  Oongrcsa  to 

the  public  journal  of  the  proceedings  of  this  Congress,  and  a  full  index  be  published. 
for  the  same. 


4.')  PROVISIONAL  CONGRESS.     Sess.  I.     Cii.  18.     1861: 

Acts  end journnis  to      Sec.  4.  The  acts  and  journals,  when  prepared,  shall  be  delrveretJ 

*»  d-luer-d  to  public         ,,  ...  .    .  i         i     n         -.u       i    i    i  ir    i    w  xi  i 

xuiter;  Usduty.  to  the  public  printers,  who  t^hall,  without  delay,  pubh.>jh  three  thousand 
copies  of  each,  in  ^  t^tyle  equal  in  execution,  and  upon  paper  of  the 
same  quality  in  every  respect,  a.s  the  laws  of  the  United  States,  as 
annually  published  b}'  Messrs.  Little  &.  Brown. 
*ct,«  to  be  bound;  ggc.  5.  ^^6  acts  of  Congress  thus  published  shall  be  bound  bv  the 
public  printers,  in  a  style  not  inlerior  to  the  acts  01  tne  General  Assem- 
bly of  the  State  of  Alabama,  for  which  service  he  shall  receive  the 
sum  oi"  twenty-five  cents  per  copy. 
Com  iwn  Fat  ion  of      Sec.  6.  The  public  printer  shall  be  entitled  to  receive  as  compensa- 

?j''i'cHti(.'noftiieUws  tiou  fof  the  publication  of  the  laws  and  journals  the  following  prices, 

4nd journals.  viz  ' 

For  each   pa^e  of   the  laws  and  journals,    inchidino;  jiress  work, 
paper,  jiressing,  folding  and  stitching,  the  sum  of  six  dollars. 
For  job  pi intirig.         Sec.  7.   For  all  job  printing  ordered  by  Congress  the  public  printers- 
shall  receive  the  following  compensation  and  no  more,  viz.  : 
N!!?,  rcBoiutions      First:   For  bills,  resolutions  and  reports — For  composition  per  page 
•ndrejwis;  (foolscap)  One  dollar  and    seventy-five   cents;   for  press  work,  folding 

,  and  stitching  one  hundred  copies,  twenty-five  cents  per  page,  and  pro- 

rain  for  all  copies  over  one  hundred, 
rules. Constitutions      Second  :  For  rules.  Constitutions  and  Other  pamphlet.s — For  compo- 

ojd  otliir  pauiplilcts;     ...         _  ,       .  •.    .  11      •  1    •  1    11  •  11      • 

sition  per  page,  (octavo)  in  small  pica,  plain,  one  dollar;  in  small  pica, 
rule,  one  dollar  and  fifty  cents;   for  brevier,  plain,  one  dollar  and  fifty 
cents  ;   for  brevier,  rule,  two  dollars  ;   for  rule  and  figure  work  on  page 
larger  than  royal   octavo,  per  l.COO   ems,  one  dollar;   for   press  work, 
including  folding  and  stitching,  per  token,  seventy  cents, 
yeaoandnays,  cir-      Third:   For  vcas  and  nays,  circular  letters,  and  other  miscellaneous 
^^x^dt"u€ouT\°riiu- printing  ordered  by  Congress — For  composition,  plain  work,  per  1,000 
»»*.  ems,  seventy  cents;   rule  and  figure  work,  per  1,000  ems,  one  dollar; 

for  press  work,  including  folding  and  stitching,  per  token  or  fraction  of 
token,  seventy  cents. 
Forpaper.  Fourlh  :   For  all  paper  on   which  printing  is  done  for   Congress,  the 

public  printer  shall  be  allowed  the  fair  market  cost  thereof,  and  twenty 
per  centum  additional  thereto. 
Rxtra  pny  allowed      Fifth  :  On  all  work  done  for  Congress  when  in  secret  session   the 
c^nL're*6sVi!e'iriJs'e-  P'-'bHc  printer  shall  receive  an  additional  compensation  of  ten  per  centum 
«ret  session.  on  the  above  rates. 

ne.ids  of  Depart       Sec.  8.  The  chief  officers  of  the  executive  departments  of  the  gov- 

Ktntrt  Jo  contract  f(.r  emment  are  hereby  authorized  to  contract  for  all  necessary  printing  in 

acea.  Connection  with  their  several  oihces,  in   no  case,  however,  at  higher 

rates  of  compensation  than  hereinbefore  prescribed  for  work   done  for 

Congress. 

Posfniapter  General      Sec.  9.  Thc  Postmaster  General  shall  contract  for  the  publication  of 

u)  contract  for  the  ^\\  pQ^;^  ^ills  and  Other  blanks  connected  with  his  oHico,  not  exceeding 

oul)l;catiiin  of  banks     ,      V  ,,        .  »,  .   .  .        ,      w  1  1   /■  i 

foriiiBofiicc;  at  what  the  Jollowing  ratcs  :  lor  composition,  mcluding  rule  and  ngure   work, 
'****•  per  1,000  ems,  fifty  cents;   for  presswork,  per  clean  token,  (the  sheets 

not  to  be  not  less  than  16  by  26  inches)  fifty  cents ;  for  paper,  ten  per 
cent,  on  actual  cost.     Nothing  shall  be  allowed   for  altering  the  name- 
of  a  postmaster  on  a  post  bill  or  other  blank,  nor  shall  there  be  an  addi- 
tional charge  for  composition  when  the  name  of  the  postotfice  albhe  is 
Printer  to  ketp  on  changed.     But  the  printer  shall  be  required  to  keep  always  on    hand 
tor^'^s'tXce'b/anks''  f^'''Tis  foi'  postoffico  blanks,  and  when  new  orders  arc  given,  the  charge 
shall  be  made  only  for  the  press  work  and  paper,  and  such  new  com- 
rj-arge  for  newer- position  as  may  be  recessaiy. 
***"•  Sec.  10.   All  accounts  for  printing  done  for  Congress  or  any  one  of 

Accounts  for  print-  the  executive  departments  shall,  before  the  same  are  allowed  and  paid, 
M^'ceriifled.''  '^  ""  be  swom  to  by  tlic  public  printer  or  contractor;  shall  be  accompani-ed: 


PROVISIONAL  CONGRESS.     Sess.  I.     Ch.  18.     1861.  4t 

by  vouchers,  showing  the  cost  of  the  paper  used  and  the  quantity 
thereof,  and  shall  be  certified  to  be  correctly  made  out  under  the  law 
by  at  least  two  disinterested  practical  printers  in  noway  connected  with 
the  office  or  business  of  the  claimant. 

Sec.  11.  The  foregoing  rates  and  provisions  do  not  apply  to  adver-   Usual  fees  to  be  paid 
tisements  in  public  gazettes  by  order  of  any  of  the   executive  depart-  pubnc''gaz'euir3!"" '* 
ments,  for  which  the  usual  fees  paid  by  other  advertisers  shall  be  allowed. 
But  no  advertisement  from  any  of  the  executive  departments  shall  be 
inserted  in  more  than  three  public  gazettes  in  the  same  State. 

Sec.  12.   When  printing  on  parchment  is  required  to  be  done  for  any     Printing  on  parch- 
executive  department,  the  parchment  shall  be  purchased  and  furnished  *°^"'" 
by  such  department,  and  a  special  contract  made  for  such  printing,  not 
exceeding  ten  dollars  per  thousand  copies. 

Sec.  13.  There  shall  be  connected  with  the  Department  of  Justice  a    Bureau  of  printing. 
Bureau  of  Printing,   the  chief  officer  of  which  shall   be  appointed  by  officerfand'byVhom 
the  President,  by  and  with   the  advice  and   consent  of  the   Congress,  appointed. 
and  shall  be   known   as   the   Superintendent  of  Public  Printing.     No     Eiipiiniity  to  omce 
person  shall  be  eligible  to  this  office  who  is  not  skilled  in  and  acquainted  pubu^y^hiung'^"'  "' 
with  the   practical  details  of  the  business  of  printing;  nor  shall  the 
Superintendent  of  Public  Printing  be  in  any  manner,  directly  or  indi- 
rectly, interested    in   the   contracts  tor  public  printino;,    nor  with   the 
printing  office  at  which  the  same  is  done,  nor  connected  with  any  news- 
paper in  any  capacity   whatever. 

Src.  14.  It  shall  be  the  duty  of  the  Superintendent  to  supervise,  direct  Duties  of  the  Super 
and  control  all  thi-"  printingdone  by  order  of  Congress,  or  under  contract  '"''^'^'^'^"'• 
with  an}'  executive  department,  as  to  the  quality  of  paper  to  be  used, 
the  character  of  type,  the  style  of  binding,  and  the  general  execution 
of  the  work;  and  also  as  to  the  time  and  order  in  which  the  same  shall 
be  completed.  It  shall  be  his  duty  also  to  report  to  the  head  of  the 
department,  at  least  once  a  year,  the  condition  of  the  public  printing — 
stating  the  amount  paid  out  for  the  same  on  each  contract,  specifying 
the  amount  paid  out  under  the  order  of  each  department,  and  giving 
estimates  of  the  probable  expenditure  for  the  succeeding  year;  which 
report  shall  be  laid  before  the  Congress  by  the  Preside  it,  in  connectiort 
with  his  annual  message.  It  shall  be  his  duty  also  to  take  from  every 
contractor  for  public  printing  such  bond,  with  good  security,  as  he  may 
require,  not  exceeding  the  probable  amount  of  the  contract  price  for 
the  printing  to  be  done  by  such  contractor,  and  conditioned  for  the  faith- 
ful performance  of  his  contract  in  everj'^  particular.  Such  bonds  shall 
be  renewed  annually  by  contractors  whose  work  shall  be  continuing  in 
its  character  and  extends  beyond  the  year  of  its  commencement. 

Sec.  1.5.  All  accounts  for  printingdone,  when  rendered  as  hereinbefore     Superintenrteni  ta 
provided,  shall  be  audited  and  allowed  by  the  Superintendent  of  Public  •^^ul'^fpS^^Si 
Printing  before  the  same  shall   be   paid.     If  the  Superintendent  shall  authorize  payment. 
refuse  to  receive  any  work  done,  or  shall  refuse  to  allow   any  account 
rendered,  th"  printer  or  contractor  may   appeal   from  s.ich  decision  to     Appeal  from  hi»- 
the  head  of  the  department,  whose  decision  on  the  appeal  shall  be  final  decision. 
and  conclusive. 

Skc.  16.  All  laws  or  parts  of  laws  militating  against  the  provisions  of    Lawj repealed. 
this  act  are  hereby  repealed. 

Approved  February  27,  1861. 


42  PROVISIONAL  CONGRESS.    Sess.  I.   Ch.  19,  20,  21.    1861. 

February  27, 1S61.  Chap.  XIX.— jln  Act  to  authorize  the  Secretary  of  State  to  appoint  an  Assislant. 

Secretory  of  State      Tkp  Congrcss  of  tJiB   Confederate    States  of  America   do   enact, 

may  appoint  an  As-  .pj^^^  ^^^  Secretary  of  State  be   and   he  is  hereby  authorized  and  em- 

powered  to  appoint  an  assistant,  who   shall    be   known  as  the  Assistant 

ni8 duties,  ami  pay.  [secretary  of  State,  who  shall  perform  .such  duties  as  may  be  as.-igned 

him  by  the  Secretary,  and  receive  such  compen'satioa  for  his  services 

as  may  be  fixed  by  law. 

Approved  February  27,  1861. 


February2S  1861.      CniP.  XX— An  Act  to  authorize  the  Secretary  of  the  Treasury  to  establish  additional  Portt 
L !_  and  Places  of  Entry  and  Delivery,  and  appoint  Officers  therefor. 


Secretary  of  the       The   Congrcss  of  the  Confederate   States   of  Aimrica  do   enact, 
?o't8Ssh%';ns''o''f  That  the   Secretary  of  the  Treasury  be  and   he  is  hereby  authorized 
entiy  and  delivery;    ^nd  empowered  to  establish  such  ports  of  entry  and  delivery  of  goods, 
wares  and  merchandise,  as  in  his  judgment  may   be   necessary  for  the 
proper  collection  of  the  customs  aud  the  enforcement  of  the  revenue 
his powerto change  laws  of  the  Confederate   States;    and  that  he  have   power   to  change, 
and  abolish  the  same.  ^1^^^^^  J  ^,^^(jgj^  such  ports  and  places  of  entry  and  delivery  at  any 
time  when  the  public  interests  may  require  it. 
May  appoint  col-      Sec.  2.  Be  it  further  enacted,  That  the  Secretary  of  the  Treasury  be 
l^ndTx'thdr  saiiri^s*  a"<^  ^^  '^  heicby'authorized  aud  empowered  to  appoint  suitable  persons  as 
collectors    of  the  customs  at   such    ports    and    places   of   entry  and 
delivery,  under  such  regulations  and    with  such  salaries  as  he  may 
from  time  to  time  prescribe  and  establish. 
Approved  February  28,  1861. 


Febrnarv  23   1661      Chap.  XXI— ^la  Act  to  raise  Money  for  the  support  of  the  Government,  and  to  provide  for 
l.__L__L  the  Defence  of  the  Confederate  States  of  America. 

President  autho-  The  Congress  of  the  Confederate  States  of  America  do  enact, 
won  the"  crtXt  That  the  President  of  the  Confederate  States  be  and  he  is  hereby 
ofthec.s.  authorized,  at  any  time  within  twelve  months  after  the  pas.'^age  of  this 

act,  to  borrow,  on  the  credit  of  the  Confederate   States,  a  sum  not  ex- 
ceeding fifteen  millions  of  dollars,  or  so  much  thereof  as  in  his  opinion 
How  to  be  applied,  the  cxi'gencies  of  the  public  service  may  require,  to  be  applied  to  the 
payment  of  appropriations  made  by  law  for  the  support  of  the  govern- 
ment and  for  the  defences  of  the  Confederate  States. 
Certificates  of  stock      Sec.  2.  The  Secretary  of  the  Treasury  is  hereby  authorized,  by  the 
amountVorrowed!"'  Consent  of  the  President  of  the  Confederate  States,  to  couse  to  be  pre- 
pared certificates  of  stock  or  bonds,  in  such  sums  as  are  hereinafter  men- 
tioned, fur  the  amount  to  be  borrowed  as  aforesaid,  to  be  signed  by  the 
Register  of  the  Treasury  and  sealed  with  the  seal  of  the  Treasury  ;  and 
the  said  certificatesof  stock  or  bonds  shall  be  nrade  payable  at  the  expira- 
tion of  ten  years  from   the    first   day  of  September  next;  and  the  in- 
interest thereon,    terest  thereoii   shall    be  paid  semi-annually,  at  the  rate  of  eight  per 
cent,  per  annum,  at  the  Treasury,  and  such  other  place  as  the  Secretary 
of  the  Treasury   may  designate.     And  to  the  bonds  which  shall  be 
Coupons  to  be  at-  issued  as  aforesaid,  shall  be  attached  coupons  for  the  semi-annual  in- 
IS. '°  *^'  ''°"'^'  terest  which  shall  accrue,  which  coupons  may  be  signed  by  officers  to 


PROVISIONAL  CONGRESS.     Sess.  I.     Ch.  22.    1861.  43 

be  appointed  for  the  purpose  by  the  Secretary  of  the  Treasury.  And  Faith  of  the  c.  s. 
the  faith  of  the  Confederate  States  is  hereby  pledged  for  the  due  pay-  So*!  L'irLdpH 
ment  of   the  principal  and  interest  of  the  soid  stock  and  bonds.  and  interest. 

Sec.  3.  At  the  expiration  of  five  years  from  the  first  day  of  Septem-     Bonds  or  stocks 
ber  next,  the  Confederate  States  may  pay  up  any  portion  of  the  bonds  notee.^^*'  ""^"'"^ 
or  stocks,  upon  giving  three  mouths  previous  public  notice,  at  the  seat  of 
government,  of  the  particular  stocks  or  bonds  to  be  paid,  and  the  time  and 
place    of   payment;    and  from    and    after  the  time  so   appointed,  no     when  interest  to 
further  interest  shall  be  paid  on  said  stock  or  bonds.  cease. 

Sec  4.  The  certificates  of  stock  and  bonds  shall  be  issued  in  such  form  Form  and  amount 
and  for  such  amounts  as  may  be  determined  by  the  Secretary  of  the  Trea-  stock  and  bonds; 
sury,  and  may  be  assigned  or  delivered  under  such  regulations  as  he  assiened'^*  "^^^  *** 
may  establish  ;  but  none  of  them  shall  be  for  a  less  sum  than  fifty 
dollars.  And  he  shall  report  to  Congress,  at  its  next  session,  a  state-  Report  of  the  sec- 
ment,  in  detail  of  his  proceedings,  and  the  rate  at  which  the  loans  may  ry'to'coiigre^ss.'^^'^^"' 
have  been  made,  and  all  the  expenses  attending  the  same. 

Sec.  5.   From  and  after  the  first  day  of  August,  1861,  there  shall  be     Duty  on  cotton  ex- 
levied  and  collecte  !  and  paid,  aduty  of  one-eighth  of  one  cent,  per  pound  ^""^  *  " 
on  all  otton  in  the  raw   state    exported  from  the   Confederate  States, 
v,'hich  duty  is  hereby  specially  pledged  to  the  due  pavment  of  interest    Duty  pledged  to  the 
and  principal  of  the  loan  provided  for  in  this  act;  and  the  Secret iry  of  p^;';^^"]  ?o«."by'^^ 
the  Treasury  is  hereby  authorized  and  required  to  establish  a  sinking  at 
fund  to  carry  into  effect  the  provisions  of  this  section  :   Provided,  how-  ushed.'°^ 
ever,  That  the  interest  coupons,  issued   under  the  second  section  of 
this  act,  when  due,  shall  be  receivable  in  payment  of  the  export  duty    interest  coupons  re- 
on  cotton:  Provided,  also,  That  when   the  debt  and  interest   thereon  ;;f'[,;V^'^„;^' P'^y'"*"^ 
herein  authorized  to  be  contracted  shall  be  extinguished,  or  the  sinking 
fund  provided  for  that  purpose  shall  be  adequate  to  that  end,  the  said     when  duty  to 

.  ■^  C6AS6* 

export  duty  shall  cease  and  determine. 
Approved  February  28,  1861. 


Chap.  XXII. — An  Act  to  raise  Provisio}ial  Force. i  for  the  Confederate  States  of  Atnericn,  and     February  28, 1861. 

for  other  purposes.  '      '. 


The  Congress  of  the    Confederate   States  of  America   do  enact,    President  to  assume 
That  to  enable  the  government  of  the  Confederate  States  to  maintain  !;m,la';y  operauons In 
its  jurisdiction  over  all  questions  of  peace  and  war,  and  to  provide  Jor  evtry  state. 
the  public  defence,  the   President  be  and  he  is  hereby  authorized  and 
directed   to  assume   control  of  all  military  operations  in  every  State, 
having  reference  to  or  connection  with  questions  between  said  States,  or 
any  ot  them,  nnd  powers  foreign  to  them. 

Sec.  2.  And  be  it  further  enacted,  That  the  President  is  hereby  author-     To  receive  from  the 
ized  to  receive  from  the  several  States  the  arms  and  munitions  of  war  acquTrea%"r o m ^the 
which  have  been  acquired  from  the  United  States,  and  which  are  now  in  u.  s. 
the  forts,  arsenals  and  navy  yards  of  the  said  States,  and  all  other  arms 
and  munitions  which  they  may  desire  to  turn  over  and  make  charge- 
able to  this  government. 

Sec.  3.  J9e  77 /wr/Arr  e7iocfe</.  That  the  President  be  authorized  tore-     To  receive  into  ser- 
ceive  into  the  service  of  this  government  such  forces  now  in  the  service  c!*^^  '^"J"'^'*  ^l}^^ 

,      .  ,   _  111  f  Dtafes;  for  what  time. 

or  said  States  as  may  be  tendered,  or  who  may  volunteer,  by  consent  of 
their  State,  in  such  numbers  as  he  may  require,  for  any  time  not  less 
than  twelve  months,  unless  sooner  discharged. 

Sec.  4.  Be  it  further  enacted,  That  such  forces  may  be  received,  with     The  forces  may  be 
theirofficers,  by  companies,  battalions  or  regriments,  and  when  so  received  ""eije'ved,  with  their 

Liir  /•!        T-«        ••         lA  r     I       t~,       n    t  officers,  by    corapa- 

fihall  lorra  a  part  ot  the  Provisional  Army  of  the  Confederate  States,  lUes,  etc. 


44  PROVISIONAL  CONGRESS.    Sess.  I.    Cii.  23,  24,  25.  1861. 

President  may  ap-  according  to  the  terms  of  their  enlistment;  and  the  President  t^hall  ap- 

offlcers/' ^"^"^'^  point,  by  and  with  the  advice   and  consent  of  Congress,  such  general 

officer  or  ofluers  for  said  forces  as  may  be  necessary  for  the  service. 

Pay  and  alio  urances      Sec.  5.  Be  it  further  e7iacic(l,  That  .-aid  forces,  when  received  into  the 

or  the  forcea  received.  ggj.yj(.g  ^^  (|^iy  government,  shall  have  the  same  pay  and  allowances  as 

may  be  provided  by  law  for  volunteers  entering  the  service,  or  for  the 

To  be  subject  to  army  of  the  Confederate  States,  and  shall  be  subject  to  the  same  rules 

.nny  rules.  and  government. 

Approved  February  28,  1861. 


March  1,1801.        Chap.  WlXl.—An  Act  Supplemental  to  an  act  to  Regulate  the  Rates  of  Postage,  and  for 
other  purposes. 


Pre-payment  of      y/j^    Consress   of  the   Covfederatc   States   of  America  do  enact, 

postage  in  money.         _,,  ..       °  •'  ,  *',  i  i  i  11 

That  until  postage  stamps  and  stamped  envelopes  can  be  procured  and 
distributed,  the  Postmaster  General  may  order  the  postage  of  the  Con- 
federacy  to  be  pre-paid  in  money,  under  such  rules  and  regulations  as 
he  may  adopt. 
Postmaster  General      Sec  2.   Be  it  further  enacted,  That  until  otherwise  provided  bv  law, 
w"th°JSme"rrfor7he  the  Postmaster  General  may  contract  with  any  line  of  steamers  for  the 
transportation  of  the  transportation   of  mail   matter  between  the  ports  of  this  Confederacy 
""*'  and   the  ports  of  foreign  governments:    Provided,   That  the  rates  of 

Rates  of  postage,    postage  shall  uot  exceed  the  rates  allowed   by  the  present  laws  of  the 
^  United  States  for  similar  service,  and  the  compensation  to  be  paid  shall 

not  exceed  the  income  from  postage  on  such  matter. 

Approved  March  1,  1861. 


March  2,  1861.  Chap.  XXIV. — An  Act  to  admit  Texas  as  a  Member  of  the  Confederate  States  of  America. 


State  of  Texas  ad-       T/ic    Cougrcss  of  the  Confederate  States   of  America   do   enact, 
federacy"  °     *    °°' That    the   State  of 'J'exas  be  and  is    hereby   admitted  as  a  member  of 
this  Confederacy,  upon  an   equal   footing  with   the  other   Confederate 
States. 

Approved  March  2,  1861. 


March  6, 1861.        Chap.  XXV. — An  Art  to  repeal  so  much  of  the  Lows  of  the  Confederate  States  of  Atnerira  as 

—      prohibit  thr  introduction  of  Liquors,  except  in  casks  or  vessels  of  or  aboce  certain  named 

capacity/,  and  fur  other  purposes. 

Laws  prohibitinK  The  Congrcss  of  the  Confederate  States  of  America  do  enact ^ 
iiqifor"!'^excc°pt  ^n  That  all  laws  and  parts  of  laws  which  prohibit  the  importation  into 
casks,  etc.,  repealed;  t|^jj.  Confederacy  of  beer,  ale  or  porter,  or  distilled  spirits,  except  in 
aUn  laws  renuirin?  casks  or  vessels  not  bclow  Certain  prescribed  capacities,  also  all  laws 
inwrta^nvVsSand  requiring  loaf  and  refined  sugars  to  be  brought  in  in  ves.sels  of  a  cer- 
packages.  taiii  tonnage  and   in  packages  of  certain  sizes,  be  and  the  same   are 

hereby  repealed.  And  hereafter  it  shall  be  lawful  to  import  the  same, 
subject  to  tlie  payment  of  the  duties  prescribed  by  law,  in  such  quanti- 
ties as  the  importer  shall  choose. 

Approved  March  5,  1861. 


PROVISIONAL  CONGRESS.     Sess.  I.     Ch.  26.     1861.         *  46 

Chap.  XXYI.— ^«  Act  to  provide  for  the  Public  Dt fence.  March  8, 1861. 

The  Cons,ress  of  the  Confederate  States  of  America  do  enact.  That .  President  author- 

■  1  i-ir  !••  •         •i-u^i  '''^''     "^   employ   tlie 

in  order  to  provide  speedily  forces  to  repel  invasion,  maintain  the  ngntlul  miiitia,  miiiiary  and 
possession  of  the   Confederate  States  of  America  in  every  portion  of  °^^'^' ''"■*^'-'*> 
territory  belonging  to  each  State,   and  to  secure  the  public  tranquility 
and  indepen-ieiice  against  threatened  assault,  the  President  be,  and  he 
is  hereby  authorized  to  emplo}'^  the  militia,  military  and  naval  forces  of 
the  Confederate  States  of  America,  and  to  ask  for  and   accept  the  ser-  acfeVvohiute^ers*"'* 
vices  of  any   number  of  volunteers,  not  exceeding  one  hundred  thou- 
sand, who  may  offer  thoir  services,  either  as  cavahy,  mounted  riflemen, 
artillery  or  infantry,  in  such  proportion  of  these  several  arms  as  he 
may  deem  expedient,  to  serve  for  twelve  months   after  they  shall  be 
mustered  into  service,  unless  sooner  discharged. 

Sec.  2.  Jlnd  be  it  furilipr  enacted,  That  the  militia,  when  called  into     now  long  muuia  to 
service  by  virtue  oi  this  act  or  any  other   act,  if  in   the  opinion  of  the  ^"''^• 
President  the  public  interest  requires,  may  be  compelled  to  serve  for  a 
term  not  exceeding  six  months  after  they  shall  be  mustered  into  service, 
unless  sooner  discharged. 

Sec.  3.  And  be  it  further  enacted,  That  said  volunteers  shall  furnish    '^vhat  the  volunteers 
their  own  clothes,  and,  if  mounted    men,   their  own    horses  and  horse 
equipments;  and  when  mustered  into  service,  shall  be  armed  by  the    To  be  armed  by  the 
States  from  which  they  come,  or  b3'the  Confederate  States  of  America.     "*  "" 

Sec.  4.  And  be  it  further  enacted,  That  said  volunteers  shall,  when     VoUinteers  to  be 

,,     ,   .  ,  •'.  1       .  •!  •     •        ,1  -1  I  •  .       L      subject  to   rules  and 

called  into  actual  service,  and  while  remaininjr  therein,  be  subject  to  the  articles  of  war.      i 
rules  and  articles  of  war,  and  instead  of  clothing,  every  non-commis- 
sioned officer  and  private  in  any  company  shall  be  entitled,  when  called 
into  actual  service,  in  money  to  a  sum  equal  to  the  cost  of  clothing  of    To  receive  monej 

j/r  "I'lU  1  Tiuri  in  lieu  of  clothlnj;. 

a  non-commissioned  oilicor  or  private  in  the  regular  army  oi  the  Con- 
federate States  of  America. 

Sec.  5.  And  be  it  further  enacted,  That  the  said  volunteers  so  offer-     May  be  accepted  in 

,.  .  •',  iJL.un-ii-  •         compimies,  squad- 

jng  their  services  may  be  accepted  by  the  President  in  companies,  rons,  etc. 
squadrons,  battalions  and  regiments,  whose  officers  shall  be  appointed  ^{"^gj"'  ^'^^  *'' 
in  the  manner  ])rescribcd  by  law  in  the  several  States  to  which  they 
shall  respectively  belong;  but  when  inspected,  mustered,  and  received 
into  the  service  of  the  Confederate  States,  said  troops  shall  be  regard- 
ed in  all  respects  as  a  part  of  the  army  of  said  Confederate  States, 
according  to  the  terms  of  their  respective  enlistments. 

Sec.  6.  And  be  it  further  enacted.  That  the   Pre^ident  is   hereby     President  may  or- 

,       .        ,  .     •'  .  i        1      •         ii     •  •  •     i      L    :    ganize    volunteer 

authorized  to  organize  companies  so  tendering  their  services  into  bat-  companies,  battai- 

lalions  or  squadrons,  battalions  or  squadrons  into  regiments,  regiments  '0"^>*''=' 

into  brigades,  and  brigades  into  divisions,    whenever  in  his  judgment 

such  organization  may  be  expedient;   and  whenever  brigades  or  divis-     -^"f*  appoint  om- 

^o  ^  J  i  '  _o  ^         cors  for  britruucs  And 

ions  shall  be  organized,  the   President  shall  appoint  the  commanding  divisions. 

officers  foi'  such  brigules  and  divisions,  subject  to   the  confirmation  of 

Congress,  who  shall   hold   their  offices   only    while  such   brigades  and 

divisions  are  in  service;  and  the  Pre-ident  shall,  if  necessary,  appor-     M^y  apportion  tho 

tion  the  staff  angl  general  officers   among  the   respective  States   from  ccrs."*"   ^'■""*''"*  * 

which  the   volunteers  shall,  tender  their  services,  as   he  may  deem 

proper.  ' 

Sec.  7.  And  be  it  further  enacted,  That  whenever  the  militia  or  vol-  pa?''^of"'?i'e*  miiuil 
unteers  are  called  and  received  into  the  service  of  the  Confederate  an»i  volunteers. 
States,  under  the  provisions  of  this  act,  they  shall  have  the  same  organ- 
ization, and  shall  have  the  same  pay  and  allowances  as  may  be  provided 
for  the  regular  army  ;   and  all  mounted  non-commissioned  officers,  pri- 
vates, musicians  and  artificers  shall  be  allowed  forty  cents  per  day  Tor  j.j'I.°^'*^nior3c»."** 
the  use  and  risk  of  their  horses;  and  if  any  volunteer  shall  not  keep 


46  PROVISIONAL  CONGRESS.     Sess.  I.     Ch.  27.     1861. 

himself  provided  with  a  serviceable  horse,  such  volunteer  shall  serve 
on  foot.  For  horses  killed  in  action,  volunteers  shall  be  allowed  com- 
pensation according  to  their  appraised  value  at  the  date  of  muster  into 
service. 

Offlcerj  of  a  sepa-      Sec.  8.  And  be  it  further  enacted.  That  the  field  and  staff  officers  of 

▼oiunteera.    '°°    "    ^  separate  battalion  of  volunteers  shall   be  one   lieutenant-colonel   or 

major,  one  adjutant  with  the  rank  of  lieutenant,  one   sergeant  major, 

one  quartermaster  sergeant,  and  a  chief  bugler  or  principal    musician. 

Additional  second  according  to  corps ;  and  that  each  company  shall  be  entitled  to  an  ad- 

lleutenant     to    each     ...  ,    *-  ,",.  i    .1      i     ii         n         •  1       1  i-      •.     .1 

company.  uitional   second  lieutenant;    and  that   the   President    may    limit    the 

limu  n^ber"of'^n^  P''i^'ates  in  any  volunteer  company,  according  to  his  discretion,  at  from 
vates.  si.\'ty-four  to  one  hundred. 

Additional  officers,  8ec.  9.  Jlnd  be  it  further  enacted,  That  when  volunteers  or  militia 
whonT'ap^poin'tVd  f'or  ^''^  Called  into  the  service  of  the  Confederate  States  in  such  numbers 
the  Quartermaster,  that  the  officers  of  the  quartermaster,  commissary  and  medical  depart- 

Commissary    and  ,  ,  .    ,  i  ii        •        1     1        i  /•        ^i"  1  • 

Medical    Depart-  meuts,  which   may   be  authorized    oy  law  lor  the  regular  service,  are 
"**"'*•  not  sufficient  to  provide  fur  the  supplying,  quartering,  transporting,  and 

furnishing  them  with  the  requisite  medical  attendance,  it  shall  be  law- 
ful for  the  President  to  appoint,  with  the  advice  and  consent  of  the 
Congress,  as  many  additional  officers  of  said  departments  as  the  service 
may  require,  not  exceeding  one  commissary  and  one  quartermaster  for 
each  brigade,  with  the  rank  of  major,  and  one  assistant  quartermaster 
with  the  rank  of  captain,  one  assistant  commissary  with  the  rank  of 
Bond  and  security  captiiin,  one  surgeou  and  One  assistant  surgeon  for  each  regiment;  the 
required.  ^.^jj  quartermasters  and  commissaries,   assistant  quartermasters   and 

commissaries,  to  give   bonds   with  good    sureties  for  the  faithful  per- 
Pay  and   emoiu-  foriTiaiice  of  their  duties  ;   the  said  officers  to  be  allowed  the  same  pay 
°'*"'^'  and  emoluments  as  shall  be  allowed  to  officers  of  the  same  grade  in  the 

How  long  to  con-  regular  service,  and  to  be  subject  to  the  rules  and  articles  of  war,  and 
tinue  in  service.        to  continue  in  service  only  so  long  as  their  services  may  be  required  in 
connection  with  the  militia  or  volunteers. 
President  may  pur-       Sec.  10.  Jlnd  be  it  further  enacted,  That    the  President  bo,  and  he 
chase  and  equip  ves-  j^  hercbv  authorized  to  purchase  or  charter,  arm,  equip  and  man  such 

Bels,   etc.,   fit  for   or  •'  1  '  ,        -  1  /• 

easily  converted  into  merchant  vessels  and  steamships  or  boats  as  may  be  found  fit  or  easily 
armed  vessels.  converted  into  armed  vessels,  and  in  such  number  as  he  may  deem 

necessary  for  the  protection  of  the  seaboard  and  the  general  defence 

of  the  countiy. 

Approved  March  6,  1861. 


CnAP.  XXVII. — An  Act  to  provide,  for  the   Registration  of  Vessels  ownrt!  in  ivhole  or  in  part 
March  6,  1861.  by  citizens  of  the  Confederate  States. 


The  Congress  of  the  Confederate  States  of  America  do  enact,  That 
be  registered?  ^  ""^^  all  vessels,  wherever  built,  one-fourth  or  more  of  which  shall  be  owned 
by  a  citizen  or  citizens  of  the  Confederate  States,  and  roiuiriandod  by 
a  citizen  thereof,  shall  be  registered  as  a  vessel  of  tha»Confederacy  at 
the  custom-houses  thereof:  Provided,  That  a  majority  in  interest  of 
the  owners  shall  consent  to  such  registration,  and  such  vessels  be  not 
registered  elsewhere.  / 

Approved  March  6,  1861. 


PROVISIONAL  CONGRESS.     Sess.  I.     Ch.  28,  29.     1861.  47 

Chap.  XXV in. — An  Act  to  establish  and  organize  a  Bureau  in  connection  with  the  Department        March  6, 1861. 

of  the  Treasury,  to  be  knowii  as  the  Lighthouse  Bureau.  


The  Congress  of  the  Confederate  States  [of  America]  do  enact.  That    ^'8''*{]""'®  Bureau 
there  shall  be  establii^hed  in   connection  with  the   Department  of  the 
Treasury  a  bureau,  to  be  known  as  the  J.ighthouse  Buieau.     Tlie  chief    Officers,  and  their 
officer  of  such  bureau  shall  be  a   captain  or  commander  of  the  navy,   *'*"^  ' 
detailed  for  this  service  by  order  of  the  President  of  the   Confederate 
States,  who  shall  receive  as  his  compensation  the  same  pay  allowed  to 
officers  of  the  same  rank  in  the  navy.     There  shall  be  appointed  also 
a  chief  clerk,  with  a  salary  of  twelve  hundred  dollars,  and  an  accounting 
clerk,  with  a  salary  of  one  thousand  dollars. 

Sec.  2.  All  lighthouses,  light  vessels,  buoys,  and  other  aids  to  navi-     Matters  under  the 

,,     ,  ^r•  *     1     iU  -.1  J      II  li  1    J  control  ani  direction 

gation,  all  the  otncers  connected   therewith,  and  all  matters  connected  ot  the   Lighthouse 
with  the  construction,  repair,  illumination,  inspection  and  jrovernment  ^"''^^"• 
thereof,  and  all  duties  appertainino:  to  the  administration  of  liLihthouse 
affairs,   shall  be  under  the   direction  and   control  of   the  Lighthouse 
Bureau  hereby  established,  subject  at  all  times  to  the  superintendence 
of  the  Secretary  of  the  Treasury. 

Sec.  3.  The  chief  of  the  bureau  shall,   as  soon  as  possible,  divide  ^.cJi'ef  of  burean  t» 

,,  i/-.i/~<i-i        L      ci    I        •    I      j\-   I   •    t.  i.  I-        divide  sea-coast  into 

the  sea-coasts  of  the  Contederate  States  mto  districts   not  exceeding  dis.ricts. 

five  in  number,  as  the  Secretary  of  the  Treasury  may  deem  expedient, 

and  over  each  of  these  districts  the  President  shall  appoint  an  'if^pec- jjjj";^^''*^'*"" '^°"^  ^^'^^ 

tor,  to  be  selected  from  the  lieutenants  in  the  nav}',  who  shall  discharge 

all  the  duties  of  inspection,  survey  or  otherwise  which  mny  be  required     „.  .  .. 
c  \-       u.u        li-rwi  r       iU  ■         ♦!•  *  His  duties,  and  pay. 

of  him  by  the  chiet  of  the  bureau.*    tor  these  services  the  inspectors 
shall  receive  only  their  regular  pay  in  the  navy. 

Sec.  4.  The  President  of  the  Confederate  States   may  from  time  to     Detail  of  officers  of 
time,  at  the  request  of  the  Secretary  of  the  Treasury,  detail  one  or  supe^r'inten^consu-uc'^ 
more  of  the  officers  of  the  engineer  corps  of  the  army,  to  be  employed  'j""  of  lighthouses, 
under  the  direction  of  the  Lighthouse  Bureau,  in  superintending  the 
construction  or  repair  of  light  houses  or  other  necessary  structures  in       Other  duties. 
connection  with   the  lighthouse   establishment,  or  other  similar  duty 
assigned  by  the  Lighthouse  Bureau  in  connection  therewith. 

Sec.  5.  The   chief  of  the  bureau   shall,  at  least  once  every  year.     Report  by  chief  of 
make  a  full  report  to  the  Secretary  of  the  Treasury,  giving  a  full  state-  tary  of  the  Treasury. 
ment  of  the  operations  of  the  lighthouse  establishment.     He  shall  also 
from  time  to  time  give  such  information  to  the  Secretary  of  the  Trea- 
sury as  he  may  require  in  reference  to  his  bureau. 

Sec.  6.  All  laws  and  parts  of  laws  contravening  the  provisions  of     Laws  repealed, 
this  act  are  hereby  repealed. 

Approved  March  6,  186L 


Cbap.  XXIX. — An  Act/or  the  establishinnU  and  ors;anization  of  the  Army  of  the  Confederate        March  6, 1S61. 

States  of  America. 


The  Congress  of  the  Confederate  States  of  America  do  enact.  That    Military  est 
from  and  after  the  passage  of  this  act  the  military  establishment  of  the  ^^Ha. 


stablish- 
what  com-. 

passage  ot  this  act  tlie  military  estaDlisnment  oi  tne  pj^ed. 
Confederate  States  shall  be  composed  of  one  corps  of  engineers,  one 
corps  of  artillery,  six  regiments  of  infantry,  one  regiment  of  cavalry, 
and  of  the  staff  departments  already  established  by  law. 

Sec.  2.  The  corps  of  engineers  shall  consist  of  one  colonel,  four  Corps  of  Engineers, 
majors,  five  captains,  and  one  company  of  sappers,  miners,  and  pon- 
toniers,  which  shall  consist  of  ten  sergeants  or  master  workmen,  ten 
corporals  or  overseers,  two  musicians,  and  thirty-nine  privates  of  the 
first  class,  or  artificers,  and  thirty-nine  privates  of  the  second  class,  or 
laborers,  making  in  all  one  hundred. 


•48  PROVISIONAL  CONGRESS.     Sess.  I.     Cn.  29.     1861. 

Officers  ofcompary     ggc.  3.  The  said  Company  shall  be  officered  by  one  captain  of  the 

of   sappers,     miners,  .  j  i-,  ^.11,1!.^^ 

and  pontoniers.  covps  oi  engineers,  and  as  many  lieutenants,  to  be  selected  by  the  Pres- 
ident from  the  line  of  the  army,  as  he  may  deem  necessary  for  the 
Their  duties.  service,  and  shall  be  instructed  in  and  perform  all  the  duties  of  sappers, 
miners,  and  pontoniers,  and  shall,  moreover,  under  the  orders  of  the 
chief  engineer,  be  liable  to  serve  by  detachments  in  overseeing  and 
aiding  laborers  upon  fortifications  or  other  works  under  the  engineer 
department,  and  in  supervising  finished  fortifications,  as  fort-keepers, 
preventing  injury  and  making  repairs. 
Duties  of  Colonel  of      Sec.  4.  It  shall  be  the  duty  of  the  colonel  of  the   engineer  corps, 

■♦lie  Engmeer  corps.  u •       1.  *     *u  1      r  lU      c  j  £  t»t         i.  -u      *l 

subject  to  the  approval  ot  the  Secretary  ot  War,  to  prescribe  the  num- 
ber, quantity,  form,  dimensions,  etc.,  of  the  necessarj'  vehicles,  arms, 
pontons,  tools,  implements,  and  other  supplies  for  the  service  of  the 
said  company  as  a  body  of  sappers,  miners,  and  pontoniers. 
•Corps  of  Artillery.  gj.^^  ^  ijj^g  corps  of  artillery,  which  shall  also  be  charged  with 
ordnance  duties,  shall  consist  of  one  colonel,  one  lieutenant  colonel, 
ten  majors,  and  forty  companies  of  artillerists  and  artificers ;  and  each 
company  shall  consist  of  one  captain,  two  first  lieutenants,  one  second 
lieutenant,  four  sergeants,  four  corporals,  two  musicians,  and  seventy 
privates.  There  shall  also  be  one  adjutant,  to  be  selected  by  the  colonel 
from  the  first  lieutenants,  and  one  sergeant-major,  to  be  selected  from  the 
enlisted  men  of  the  corps.  The  President  may  equip  as  light  batteries, 
of  six  pieces  each,  such  of  these  companies  as  he  may  deem  expedient, 
not  exceeding  four  in  time  of  peace. 

ta^try™^"'^  °^  ^"  ^^C-  6-  Each  regiment  of  infantry  shall  consist  of  one  colonel,  one 
lieutenant  colonel,  one  major,  and'ten  companies;  er.ch  company  shall 
consist  of  one  captain,  one  first  lieutenant,  two  second  lieutenants,  four 
sergeants,  four  corporals,  two  musicians  and  ninety  privates;  and  to 
each  regiment  there  shall  be  attached  one  adjutant,  to  be  selected  from 
the  lieutenants,  and  one  sergeant-major,  to  be  selected  from  the  enlisted 
men  of  the  regiment. 

^Regiment  of  Cav-  ggp^  <j ^  ^he  regiment  of  cavalry  shall  consist  of  one  colonel,  one 
lieutenant  colonel,  one  major,  apd  fen  companies,  each  of  which  shall 
consist  of  one  captain,  one  first  lieutenant,  two  second  lieutenants,  four 
sergeants,  four  corporals,  one  farrier,  one  blacksmith,  two  musicians, 
and  sixty  privates.  There  shall  also  be  one  adjutant  and  one  sergeant- 
major,  to  be  selected  as  aforesaid. 
Brigadier  Generals      i^EC.  8.  There  shail  be  four  brigadier  generals,  who  shall  beassigned 

c."uip ;^  th'Jir  duu.fs!'  ^0  such  Commands  and  duties  as  the  President  may  specially  direct,  and 
shall  be  entitled  to  one  aid-de-camp  each,  to  be  selected  from  tiie  sub- 
alterns of  the  line  of  the  army,  who,  in  addition  to  their  duties  as  aids- 
de-camp,  may  perform  the  duties  of  assistants  adjutant  general. 

pornt'llrofficersTf      ^EC.  9.  All  officers  of  the  army  shall  be  appointed  by  the  President, 

the  array.  by  and  with  the  advice  and  consent  of  the  Congress,  and  the  rank  and 

efThe'ranVand^fiie"'  A^e  shall  be  enlisted  for  a  term   not  less  than  three  nor  more  than  five 
years,  under  such  regulations  as  may  be  established. 
Examination  of  of-      Sec.  10.  No  officer  shall  be  appointed  in  the  army  until  he  shall  have 

^'^^^*-  passed  an  examination  satisfactory  to  the  President,  and  in  such  manner 

as  he  may  prescribe,  as  to  his  character  and  fitness  for  the  service. 
The  President,  however,  shall  have  power  to  postpone  this  examination 
for  one  year  at'ter  appointment,  if  in  his  judgment  necessary  for  the 
public  interest. 

Dow  vacancies  filled.      Sec.  11.    All  Vacancies  in  established  regiments  and  corps,  to  and 
including  the  rank  of  colonel,  shall  be  filled  by  promotion  according  to 
Promotion.        seniority,  except  in  case  of  disability  or  other  incompetency.     Promo- 
tions to  and  including  the  rank  of  colonel  shall  be  made  regimentally  in 
the  infantry  and  cavalry,  in  the  staff  departments,  and  in  the  engineers 


PROVISIOXAL  CONGRESS.     Sess.  I.     Cii.  29.     1861.  49 

and  artillery,  according  to  corps.  Appointments  to  the  rank  of  brigadier  Brigadier  GeneraiB 
gcr.eral,  after  the  army  is  organized,  shall  be  made  by  selection  fronn  theArmy.'^^^  '^°" 
the  army. 

Sec.  12.   The  President  of  the  Confederate  States  is  hereby  author-     Arpointmcnt     of 
ized  to  appoint  to  the  lowest  grade  of  subaltern  officers  such  meritorious  ""^aitein  officer* 
non-comn)i>sioned  officers   as  may,  upon  the  reconimencLtion  of  their 
colonels  and  comparj}'  officers,  be  brou:;ht  before  an  aimy  board,  spe- 
cially convened,  for  the  purpose,  and  found  qualified  for  the  duties  of 
commi!=!sioned  officers,  and  to  attach  them  to  regiments  or  corps,  as  su- 
pernumerary  officers,    if  there  be   no   vacancies:      Provided,    There  Proviso, 
shall  not  be   more   than  one  so  attached   to  any  one  company  at  the 
game  time. 

Sec.  13.  The  pay  of  a  brijradier  general  shall  be  three  hundred  and  (<^^^l^^!  ^'''e*'"" 
one  dollars  per  month       The  aid-de-cnmp  of  a  brigadier  general,  in  ad-     of  hiaaid-de-camp. 
dition    to  his   pay  as  lieutenant,  shall  receive    thirty-five    duUars   per 
month. 

Sec.  14.  The  monthly  pay  of  the  officers  of  I  he  corps  of  engineers     Pay  of  officer.^  of 
shall  be  as  follows:    of  "the  colonel,  two  hundred  and  ten  dollars;  of  a  "'"  ^"s'"^"  ^^''^P'- 
irajor,  one  hundred  and  sixty-two  dollars;  of  a  captain,  one  hundred 
and  forty  dollars;  lieutcnatlts  serving  with  the  company  of  sappers  and 
minors  shall  receive  the  pay  of  cavalry  officers  of  the  same  grade. 

Skc.  15.  The  monthly  pay  of  the  colonel  of  the  corps  of  artillery  pay  of  oflScera  of 
shall  be  two  hundred  and  ten  dollars;  of  a  lieutenant  colonel,  one  ^'"""^y- 
hundred  and  eighty-five  dollars;  of  a  major,  one  hundied  and  fifty 
dollars,  and  when  serving  on  ordnance  duty,  one  hundred  and  sixty- 
two  dollars;  of  a  captain,  one  hundred  and  thirty  dollars;  of  a  first 
lieutenant,  ninety  dollars;  of  a  second  lieu'.enant,  eighty  dollars;  and 
the  adjutant  shall  receive,  in  addition  to  his  pay  as  lieilenant,  ten  dol- 
lars per  nsonth.  Officers  of  artillery  serving  in  the  light  ailillery,  or 
performing  ordnance  duty,  shall  receive  the  same  pay  as  officeis  of 
cavalry  of  the  same  grade. 

Sec.   16.  Tho  monthly  pay  of  the  officers  of  the  infantry  j-hall  be  as    P^y  of  officers  ^f 
follows:  of  a  colonel,  one  hundred  and  ninety-five  dollars;  of  a  lieu- '"^''"''•^" 
tenant  colonel,  one   hundred   and   seventy  dollars;    of  a  m;jor,   one 
hundred  and  fifty  dollars;  of  a  captain,  one  hundred  and  thirty  dullars; 
of  a  first  lieutenant,  ninety  dollars;   of  a  second  lieutenant,  eighty  dol- 
lars;  the  adjutant,  in  addition  to  his  pay  as  lieutenunt,  ten  dollars. 

Sec.  17.  The  monthly  pay  of  the  officers  oi  the  cavalry  shall  be  as  p,,  of  officers  of 
follows:  of  a  colonel,  tv/o  hundred  and  ten  dollars;  of  a  lieutenant  *'*'*''-'• 
colonel,  one  hundred  and  eighty-five  dollars;  a  major,  one  hundred 
and  sixty-two  dollars;  a  captain,  one  hundred  and  forty  dollars;  a  first 
lieutenant,  one  hundred  dollars;  a  second  lieutenant,  ninety  dollars; 
the  adjutant,  ten  dollars  per  month,  in  adJition  to  his  pay  a^  lieu- 
tenant. 

Sec.   18.  Tho  yiy  of  the  officers  of  the  general  staff,  except  those    P''.v  o^  omcers  of 
of  the  medical  department,  shall   be   the   same   as   that   of  officers   of  **""  "'='^'''^'' ^'"* 
cavalry  of  the  same  grade.     Tho  surgeon  general  shall   receive  an  an-    '^"J'  o''  Sargeon 
nual  salary  of  three  thousand  dollars,  which  shall  be  in  full  of  all  pay 
and  allowances,  except  fuel  and  quarters.     The  monthly  pay  of  a  sur-    ^^^  ^^  Surfxeons 
geon,  of  ten  years'  service  in  that  grade,  shall  be  two  hundred  dollars;  auj  aWi  ;5urge7iis. 
a  surgeon  of  less  than  ten  years'  service   in   that  grade,  one  hundred 
and  sixty  two  dollars  ;   an   assistant  surgeon   often   years'  service  in 
that  grade,  one  hundred  and  fifty  dollars  ;  an  assistant  surgeon  of  five 
year's  service  in   that  grade,  one  hundred  and  thirty  dollars  ;  and  an 
assistant  surgeon  of  less  than  five  years'  service,  one  hundred  and  ton 
dollars. 

Sec.  19.  There  shall  be  allowed  in  addition  to  the  pay  hereinbefDre 
4 


so  PROVISIONAL  CONGRESS.    Sess.  I.     Cir.  29.     18GI. 

eommiMioncd     offi- provided,  to  every  commissioned   officer  except  the  surgeon  o(  neial, 

8ute«*'offi°ery"wrio  "'"^  dollars  per  month  lor  every  five  years'  service;  and  to  tlieilhrera 

fcave  resigned  or  may  of  the  army  of  the  United  States,  who  have  resigned  nr  may  r-.-ign   to 

resign.  j^^  received  into  the  service  of  the  Conl'ederate  States,  thi>  adilitional 

pay   shall   be   allo«\'ed   fmm  the  date  of   their  entiaiice  into  the  foimer 

service.     There  shall  also  be  an  additional  monthly  allowance  to  every 

general   officer  commandintj   in  chief  a  separate   aimy  ariuaily  m  the 

field,   [of]  one    hundred  dollars. 

Sec.  20.  The  pay   of  oliicers,  as  hereinbefore  cstabli.-hrd,  .-hall  he 
The  pay  of  offl'-ers  in  full  of  all  allowances,  except  forage,  fuel,  quarters,  ai^d  tiaMlIinji  ex- 

to  be  In  full  of  ull  al-  ii      .  ii-  i  i  ni  ii  r   .  /•      i 

lowanccB.  exct-iit  ppnses  while  travelling  under   orders.      I  he   allowance  <i   tmaijc.  luel 
forage, futi  etc.         gnd  quarters   shall    be  fixed    bv  regulations   and  shall    Le  fll^li-ll^d  in 

Allow-iiioeof  forape,  ,         ,  '  ,  „•  '        ■  •  •    » 

l\jei,   Rn.i  quarurs;  kiiid,  cxccpt  whcii  oliiceis  are  serving  at  stations  without  troops  where 
^ed."*"*  ^""^  '""^  public  quarters  cannot  be  had,  in  which  case   there  may  be  al  dwed.  ift 
lieu  of  forage,  eight   dollars   per   month    fur   cuch  h(jrse  tu  which  tliey 
may  be  entitled,  provided  they   are   actually    kept  in  service  and  mus- 
tered ;  and  quarters  may    be   commuted  at   a   rate  to  be    fi.xed   by  the 
May  be  commuted.  Secretary  of  VViir,  and  fuel  at  the  market   price  delivered.     An  officer 
when  travelling  under  orders  shall  be  allowed  mileage  at  the  rate  of  tea 
MUeRge- allowed  of-  cents  per  mile. 

■'^'*'  Sec    21.  In  tim?,  of   war,  officers  of  tlie   artny  slialj    be  entitled  to 

Forifte  ftiiowei  of- draw   forage  for  horses,  according   to  grade,  as  follows:    A  biigiidier 
Smeof  w'lir;""'^  '"general,  four;   the  adjutant  and  inspector  general,  quaitermastei  gene- 
ral, commissary  general,  and   the   colonels  of  enj^ineers,   artillery,  in- 
fantry and  cavalry,  three  each  ;  all  lieutenant  colonels  and  nr^jnis,  and 
captains  of  the  general  staff,  engineer  corps,  light  artillei)  and  cavalry, 
three  each  :  lieutenants  serving  in  the  corps  of  engineers.  I'eii1eiiant3 
of  light  artilleiy^  and  of  cavalry,  two  each.    In  tiirie  of  peace  :  general 
in  time  of  peace,     and  Held  officers,  three;  officers  behiw  the  rank  of  field  officers,  in  the 
general  stafF  corps  of  engineers,  light  artillery  and  cavaliy,  two;  pro- 
vided in  all  cases  that  the  horses  are  actually  kept  in  service  and  rnus- 
No eni  st€d  man  to  tercd.     No  enlisted  man  in  the  service  of  the  Confederate  States  shall 

Iw  employed  as  a  eer-  ,  ,  ,  ,  ^j.  r   .  l 

Tint.  be  employed  ms  a  servant  by  any  officer  of  the  army. 

Pay  of  enlisted  Sec  22.  The  monthly  pay  of  the  enlisted  men  of  the  aimy  of  the 
Confederate  States  shall  be  as  follows:  That  of  a  sergeant  or  niaster 
workman  of  the  engineer  corps,  thirty-four  dollars;  that  of  a  coi  |)oral 
or  overseer,  twenty  dollars;  privates  of  the  first  class,  or  artificers, 
seventeen  dollars  ;  and  privates  of  the  second  class,  or  laborers,  and 
musicians,  thirteen  dollars.  The  sergeant  major  of  cavalry,  twenty- 
one  dollars  ;  first  sergeant-,  twenty  dollars;  sergeants,  seventetn  dol- 
lars ;  corporals,  farriers  and  blacksmiths,  thirteen  dollars  ;  mii-ieians, 
thirteen  dollars  ;  and  privates,  twelve  dollars.  Sergeants  major  (-f  ar- 
tillery and  infantry,  twenty-one  dollars;  first  sergeants,  tvven'y  dollars 
each  ;  sergeants,  seventeen  dollars  ;  corporals  and  artificers  thirteea 
dollars;  musicians,  twelve  dollais  ;  and  pi  ivates,  eleven  dollars  each. 
The  non-commissioni  d  officers,  artificers,  musicians  and  privates  reiv- 
ing in  light  batteries,  shall  receive  the  same  pay  as  tliose  of  cavalry. 
Sec.  23.  The  President  shall  be  authorized  to  enlist  as  many  master 
Presidftrit  autho-  armorers,  master  carriage-makers,   master  blacksmiths,  armorers,  car- 

«tesd  to  enl;si.  master     .  ,  i  i       i  -/i  ,•/•  i   i    i  r  i 

•nnorers, andotiiers,  riage-makers,  blacksmiths,  artihcers  and  laborers,  fororcJnance  service, 

fcr ordniince service,  ^s  he  may   deem   necessary,  not   exceeding  in   all  one  hundied  men, 

who  shall  be  attached  to  the  corps  of  artillery.     The  pay  of  a  master 

Their  pay.         armorer,  master  carriage-maker,  master  blacksmith,  shall  be  thirty-four 

dollars  per  month  :  armorers,  carriage-makers  and  blacksmiths,  twenty 

dollars  per  month  ;  artificers,  seventeen  dollars,  and  laborers,  thirteen 

dollars  per  month. 

R»tt©nf.  Sec.  24.  Each  enlisted  man  of  the  army  of  the  Confederate  Stales 


PROVISIONAL  CONGRESS.     Sess.  I.     Ch.  29.    18G1.  51 

shall  receive    one  ration  per  day,  and  a  yearly  allowance  of  clothing,  Clothing. 

the  quantity  and    kind  of  each    to   be   established   by  regulations  from 
the  War  Department,  to  be  approved  by  the  Piesideut. 

Sec.  25.   Rations  shall   generally    be   issued   in   kind,  but  under  cir-     Rations  issued  i* 
cum-tances    rendering   a    commutation    necessary,    the    comaiut:ition  v^iue  Hxt'ci""^""*"*'* 
value  of  the  ration   shall   be  fixed   by  regulations  of  the  War  Depart- 
ment, to  be  approved  by  the  President. 

Sec.  26.  Ttie   officers  appointed  in  the  army  of  the  Confederate     Duties  of  oaioe™. 
Slates  by   virtue  of  this  act,  shall    perform  all  military  duties  to  which 
they   may  be  severally  as-igned  by  authority  of  the  ['re-ident,  and   it 
shall   be   the   duty  of  the  S^^cretary  of    War  to   prepare   and   publish     "ecrctaryofw.iru 
reu'ulations,  prescribing  the  details  of  every  do|);irfment  in  the  service,  ?hr''K«'^renl'r'gover^ 
for  the  general   government   of  the  army,  which    icgul.ilions   shall    be '"'^"* "^  ""=  Army, 
approved   by    the   President,   and   when    so  approved    shall    be   bind-  , 

ing 

Sec.  27.  All  officers  of  the  quartermaster's  and  commissary  depart-    Quart--rina8ter3 and 
raents  sh.ill,  previous   to   entermg   on   the  duties   of   their  re.>pective  boud""""' "* '"  ^'''" 
offices,  give  bonds,  with  good  and  sufficient  sureties,  to  the  Confederate 
States,  in  such   sum  as  the   Secretary  of  War  shall  direct,  fully  to  ac- 
count for  all  moneys  and  public  property  which  they  /inay  receive. 

Sec.  28.  Neither  the  quartermaster  general,  the  commissary  gene-  Nottoheconcpmed 
ral,  nor  any  or  either  of  their  assistants,  shall  be  concerned,  dii'ectly  iTrsaks"" '""'''''**^* 
or  indirectly,  in  the  purchase  or  sale  of  any  articles  intended  for,  mak- 
ing a  part  of,  or  appertaining  to  publrc  sup|)lies,  e.\cept  for  and  on  account 
of  the  Confederate  States;  nur  shall  they,  or  either  of  them,  t:ike  or 
apply  to  his  or  their  own  use  any  gain  or  emolument  for  negotiating 
any  business  in  their  respective  departments,  other  than  what  is  or 
may  be  allowed  by  law.  • 

Sec.  29.  The  Rules  and  Articles  of  W^ar  e.stablished  by  the  laws  of  Rules  and  arttcten 
the  United  States  of  America  for  the  government  of  the  aririy  are  ""^  "^'"^' 
hereby  declared  to  be  of  force,  except  that  wherever  the  words  "United 
States"  occur,  the  words  "Confederate  States"  shall  be  substituted 
therefor;  and  except  that  the  articles  of  war  numbers  sixty-one  and 
sixty-two  are  hereby  abrogated,  imd  the  following  articles  substituted 
therefor : 

"Article  61.  Officers  having  brevets  or  commissions  of  a  prior  date 
to  those  of  the  corps  in  which  they  serve  will  take  [)lace  on  courts 
marshal  or  of  inquiry,  and  on  boards  detailed  for  military  purposes, 
when  composed  of  difTerent  corps,  according  to  the  ranks  given  them  ' 

in  their  brevet  or  former  commissions,  but  in  the  regiment,  corps,  or 
company  to  which  such  officers  belong,  they  shall  do  duty  and  take 
rank,  both  in  courts  and  on  boards  as  aforesaid,  which  shall  be  com- 
posed of  their  own  corps,  according  to  the  comn5issions  by  which  they 
are  there  mustered. 

"Article  62.  If  upon  marches,  guards,  or  in  quarters,  different  corps 
shall  happen  to  join  or  do  duty  together,  the  officer  highest  in  rank, 
accdrding  to  the  commission  by  which  he  is  mustered  iii  the  army, 
navy,  marine  corps,  or  militia,  there  on  duty  by  orders  from  competent 
authority,  shill  command  the  whole  and  give  oiders  for  what  is  ne.-^d- 
ful  for  the  service,  unless  otherwise  directed  by  the  President  of  (he 
Confederate  States  in  orders  of  special  assignment  providing  for  the 
case."    ■ 

Sec.  30.  The  President  shall  call  into  the  service  of  the  Confede-    Oniy  such  troop? »« 
rate  States  only  s'o  many  of  the  troops  iierein  provided  for  as  he  may  *';,«^'."'e'^"d  '»  be 

J  .u  r  .         f  iL     Vi       r    I  •  ^  called  iDtwservioe. 

deem  the  safety  of  the  Confederacy  may  require. 

Sic.  31.  All  laws  or  parts  of  laws  of  the  United  States,  -which  have     Um  rcpeaiei. 


TROVISIONAL  CONGRESS.     Sess.  I.     Cn.  30.    1861. 

been  adopted  by  the  Congress  of  the  Confederate  States,  repugnant  to 
or  jnconiistent  with  this  act,  are  hereby  repealed. 

Approved  JMaixh  6,  1861. 


March  ",  1861.  Cn-.r.  X.\.\. — A)i  Act  to  create  the  Clerical  Force  of  tJie  several  Executive  Departments  of  tht 
Confederate  Stales  of  America,  and  for  other  purposes. 


Clerical  fome  of      T/ic  Coiigrcss  of  tkc  Cojifedpratc  States  of  America  do  cvad.  That 

incntB.  the  crerical  lorce  o\  the  several  departments  of  the  Confederate  States 

of  America  ^liall  con.si.st  of  the  following  officers  : 

Clerks  in  the  st.-iie      To  the  State  Department  there  t-hall  be  one  chief  clerk,  at  a  .salary 

L!ici?*;aar'its." '*"   of  fifteen  hundred   dollars  per  annum,  and  one   clerk,  at  a  salary  of 

twelve  hundred  dollars  per  annum,  and  al>o  a  messcno-er;  whose  annua! 

compensation  shall  be  five  hundred  dollars. 

Clerks  in  iiie  Trea-      To  the   Treasury    Department  there  shall   be    a  chief  clerk,  whose 

»uTy  Dfpartnient,and        1  1     11     1         /?i'.  j        1     -j    u  1   ,1  ,1 

tiitir  salaries.  Salary  Shall   be   rilteen    hundred    dollars   ])er  annum,   and  three  oilier 

clerks,  who  shall  receive  each  twelve  hundred  dollars  per  annum  ;  and 
there  shall  be  one  messenger,  at  an  annual   ccmpensation  of  five  hun- 
dred dollars. 
Clerks  to  each  of      To   each  of  the  bureaus  of   the  Treasury   Department,    viz.  :    the 
Treamr'^.v''Departm'r,  Comptroller,  the  Auditor,  the  Register   and   the  Treasurer,  there  shall 
and  their  sairtries.      be  a  chief  clcrk,  whose  Salaries  shall  be  each   fifteen   hundred  dollars 
per  annum  ;  and   to  all  of   said  bureaus  there  shall  be    twenty-two 
clerks,  eleven  of  whom  shall   receive    salaries  of  twelve  hundred  dol- 
lars each  per  annum,  and  eleven  shall  receive  salaries  ot  one  thousand 
dollars  each  per  annum;  and  the  said  Secretary  of  the  Treasury  shall 
tiave   power  to  distribute    said    twenty-iwo  clerks    among   the    said 
bureaus,  as  in  his  judgment  will   best  subserve   the  public  interest; 
essengers.        ^^^j  ^^  eacli  of  the  ofiices  of  Comptroller,  Auditor,  Register  and  Trea- 
surer, there  shall  be  a  messenger,   with   an  annual  salary  of  five  hun- 
dred dollars, 
ohtefofihe bureau      To  the    War  Department  there  shall  be  a  Chief  of  the   Rureau  of 
uop^artnienT,  and  War,  at  an  annual  salary   of  three   thousand   dollars,   and   five  clerks, 
their saiai its.  who  shall  cach  receive   twelve   hundred   dollars   per  annum  ;   and  one 

of  them  may  be  a|)pointed  disbursing  clerk,  with  an  additional  salary 
of  six  hundred  dollars,  who  shall  give  bond  with  sureties,  to  be  ap- 
MessenRer.  proved  by  the  Secretarj'  of  War.  There  shall  also  be  one  messenger, 
whose  compensation  shall  be  five  hundred  dollars  per  annum.  And  to 
all  of  the  bureaus  of  the  War  Department,  viz.  :  the  Adjutant  and 
Inspector  General,  Quartermaster  General,  the  Commissary  General, 
-,  ,      ,  .^    ^    the  Surcrton  General,  the  Chief  Enjrineer  and  the  Artillery,  there  shall 

Clerks   of  the  bu-  ,       ,,         ^  ,      ,  '  r        ,  in  •  1  1  r  ^         i 

rtauB.  be  fourteen  clerks,  seven  of  whom  shall  leceive  each  a  salary  ol  twelve 

hundred  dollars,  and  seven  a  salary  each  of  one  thousand  dollars  per 
annum. 
Secretary  of  War      And  thc  ScTctary  of  War  is  hereby  authorized  to  assign  said  clerks 
d'lry.'^  ''"  ''"  *    "  to  duty  ill  the  respective   offices  enumerated,  as  in   his  ji'dgment  will 
best  promote  the  public  service.     And  to  each  of  said  named  bureaus, 
McFFCRgcrs  to  bu- except  the  office  of  Surgeon  General,  there  shall  be,  if  deemed  neces- 
sary by  the  Secretary  of  War,  a  messenger,   at  an  annual  compensa- 
tion of  five  hundred  dollars. 
A.mistant  PnRttnas-      To  the  Postolfice  Department  there  shall  be  an  Assistant  Postmaster 
..■i'''k3in  the  Post-  General,  with   a  salary   of    three   thousand   dollars   per  annum,  and   a 
'i!^?r  caiaVu*'^'""'''''  ^^ief  clerk  at  a  salary  of  fifteen   hundred    dollars  per  annum,  and  ten 
other  clerks,  five  of  whom  shall  receive   salaries  each  of  twelve  hun- 
dred, and  five  shall  receive  salaries  each  of  one  thousand  dollars  per 


PROVISIONAL  CONGRESS.     Sess.  I.     Ch.31,33.     1861.  63 

annum.     And  there   shall  be  one  messenger,  at  an  annual  salary  of       Mossvingcr. 
five  hundred  dollars. 

To  the  Department  of  Justice  there  shall   be   an  Assistant  Attorney     Assistant  Attorney 

II  r  /»  1  I        1       1    11  ""i   "*;'»<;'■'*'  »"«'  clerk  ii» 

General,  at  a  salary  of  twcnty-ns'e  hundred  dollars  per  annum,  and  the  Dipnrimeiu  of 
one  clerk,  whose  annual  salary  shall  be  twelve  hundred  dollars,  and  Jj^^-^^c  »"<i tbdr sai- 
also  a  messenger,  at  a  salary  of  five  hundred  dollars.  Messenger. 

Sec.  2.  The  annual  salaries  of  the  Assistant  Secretary  of  State,  the  atM  Secretary  of  stat< 
Assistant  Secretary  of  the  Treasury,  the  I'omptroller,  the  Auditor,  the  «"'|°f."l''  Trfsur,, 

.  1      ,       Vr>  I     11   "        1     I  I  r     1  11  »"<ieiiiefs  of  bureaiM 

Register,  and  the  Treasurer,  shall  each  be  the  sum  of  three  thousand  in  the  Treasury  De 
dollars  per  annum.  partmcnt. 

Sec.  3.  The  President  of  the  Confederate  States  of  America  is  hereby    Offii-.cra  in  Presi- 
authorized  to  appoint  or  employ  in  his  official   household  the  following  thelriiJiaHes."   '*" 
officers,  to-wit :    one    private   secretary,  at   an  annual  salaiy  of  twelve 
hundred  dollars,  and  one  messenger,  at  an  annual  salary  of  five  hun- 
dred dollars. 

Sec.  4.  And  be  it  further  enacted,  That  the   Secretaries  of  State,     increase  of  cierica.i 
Treasury,  War,  Navy,  Attorney  General,  and  Postmaster  General,  are  fo'-^'e  'n  Die  several 

1  1        •        I  1  1  1  I'll-  •        I      •  oi-partmeuts. 

hereby  authorized  to  euiploy  such  other  clerical  force  m  their  respec- 
tive departments  as  the  exigencies  of  the  public  service  may  abso- 
lutely require,  being  limited  in  the  compensation  to  the  lower  grade  of 
salary  for  clerks  provided  for  in  this  bill  ;   they  are  al.sO  empowered  to     .  .  , 

J  ,     1    1  r  1     •  -re  I  -I        liaborera  may   he 

employ  such  laborers  for  their  respective  offices  as  may  be  required,  he  employed  for  the 
not  exceeding  one  for  each  of  the  executive  departments,  and  whose  ^ompui'^ation'.  ^^^^ 
compensation  shall  not  exceed  one  dollar  and  fifty  cents  per  day. 

Approved  March  7,  1S61. 


Chap.  XX.XI. — An  Act  to  create  the  Clerical  Force  of  the  Navy  DcpartJnsnt.  March  8, 1861. 


The  Congress  of  the  Confederate  States  of  America  do  enact.  That  rierit-.in  the  Navy 
the  clerical  force  of  the  .Navy  Department  shall  consist  of  one  chief  salaries, 
clerk,  at  a  salary  of  fifteen  hundred  dollars  per  annum,  who  shall  also 
perform  the  duties  of  disbursing  agent  and  corresponding  clerk  of  sj  id 
department,  and  receive  therefor  an  extra  compensation  of  six  hundred 
dollars  per  annum  ,  and  also  three  other  cierks,  two  of  whom  shall 
receive  a  salary  each  of  twelve  hundred  dollars  per  annum,  and  one  a 
salary  of  one  thousand  dollars  per  annum  ;   and  there  shall  be  attached     McssenRor, and friu 

•.  ,    ,  '         ,  ,  .•  L    II    u     compensation. 

to  said  department  a  messenger,  whose  annual   compensption  shall  dq 
five  hundred  dollars.  "^ 

Approved  March  8,  1861. 


Chap.  XXXIT — An  Act  to  admit  certain  mnterialu  fre(  of  Duty,  for  the  constrvc'ion  of  Tel-        March  9  18G1 
tgra/ihic  Lines  from  Savannah,  -in  the  State  of  Gtorgia,  to  Fort  Pulasl^i,  and  from  Mobile.,  ' 

in  the  State  of  Alabama,  to  Fort  Morgan. 

The  Congress  of  the  Confederate  States  of  America  do  enact,  That    caWe  wire,  etc,  for 
certain   cable  wire   and  other  materials  for  the  construction  of  a  tele-  iin^"admu\ea"ee''of 
graphic  line  between  the  city  of  Savannah,  in  the  State  of  Georjiia,  and  duty; 
Fort    Pulaski,  in   the  same   State,  which    may  be   imported    by  C    C. 
Walden,  the  contractor  for  said    line,  be   admitted  free  of  duty,    upon 
satisfactory  proof  beini:  submitted  to  the  collector  of  the  port  of  Sa- 
vannah that  the  materials  herein  desiirnated  are   imported   for  and  ap-  i 
plied  to  the  construction  of  the  said  telegraphic  line. 


54  PROVISIONAL  CONGRESS.     Sess.  I.     Ch.  S3.     1861. 

aifo  materials  to      Sec  2-  And  be  it  furiher  enacted.  That  the  materials  necessary  to 
•therwkgraphit'hu"  coiistiuct  3  telegraphic  line  Irom  Mobile  to  Fort  Morgan  may   also  be 
irnporied  fiee  of  duty. 

Approved  March  9,  1861. 


March9, 18C1. Ciup  XXXIII  —An  Act  to  authorize  the  Tssue  of  Treasnry  Notes,  and  to preteribe.  the  Punish- 

Tn'Ttl/or  /oTging  the  same,  and  for  forging  certificates  of  Stock,  Bonds,  or  Coupons. 

Tr^-ury"Loi?»*to°be      '^^'^  Cvugrcss  of  thc  Confederate  States  of  America  do  enact ,  That 
^^^-  ihe  President  of  the  Confederate  States  of  America  is  hereby  author- 

ized to  cause  treasury  notes  to  be  issued  for  such  sum  or  sums  as  the 
exigencies  of  the  public  service  may  require,  but  not  to  exceed  at  any 
^  lime  one  million  of  dollars,  and   of  denominations  not   less  than    fifty 

dollars  for  any  such  note,  to  be  prepared,   signed   and   issued  in  the 
manner  hereinafter  provided. 
Jrllemed!  ^^'^      ^Ec.  2.  Jlud  be  it  further  enacted.  That  such  treasury  notes  shall  be 
paid  and  redeemed  by  the  Confederate   Stales  at  the  treasury  thereof, 
after   the  expirufion  of  one  year   from   the   dates   of  said    notes,  from 
which  dates  they  shall  bear  interest  at  the  rate  of  one  cent  per  day  for 
every  hundred  dollars  issued:  Provided,  That  after  the  maturity  of  any 
of  said  notes,   interest  thereon  shall  cease  at  the   expiration  of  sixty 
days'  notice  of  readiness  to  pay  and  redeem  the  same,  which  may  at 
any  time  or  times  be  given  by   the  Secretary  of  the  Treasuiy.   in  one 
or  more  newspapers   published   at  the  seat  of  government.     The  pay- 
ment or  redeemption  of  said  notes  herein  provided  shaM  be  made  to  the 
lawful  holders  thereof  lespectively,  upon  presentment  ;it  the  treasury, 
and   shall  include  the  principal  of  each  note  and  the  interest  which 
f.hall  be  due  thereon,     ^nd  for  such  payment  and  redeemption,  at  the 
time  or  times  herein  specified,  the  faith  of  the  Confederate  States  of 
America  is  hereby  pledged. 
Prfparniion  ftnd      Sec.  3.  .^ nd  be  U  further  enacted.  That  such  treasury  notes  shall  be 
noi'e's.^  °'  iieasury  ppppa,.p(j  „„(ie,.  the  "direction  of  the  Secretary  of  thc  Treasury,  and 
shall  be  signed,  in   behalf  of  the  Confederate   States   of  America,  by 
the  treasurer  thereof,  and  countersigned  by  the  register  of  the  treasury. 
Each  of  these  officers  shall  keep,  in  a  book  or  books  provided  for  that 
pmpose,   separate,  full  and  accurate  accounts,  showing  the  number, 
date,   amount  and   rate  of  interest  of  each   treasury   note  signed  and 
*Acconnt«tobcftcpt  Countersigned  by  them  respectively  ;  and  also  similar  accouiits,  showing 
dLmtd^and'canMi-  ^"  ^"''''  rintes  as  maji  l)e   paid,  redeemed  and  cancelled,  as  the  some 
^'^-  may  be  returned,  all  which  nccounts  shall  be  carefully  preserved  in  the 

Trea.'-ury  Department.     And  the  treasurer  shall  account  quarterly  for 
all  such  trea>ury  notes  as  shall  have  been  countersigned  by  the  register 
and  deliverrd  to  the  treasurer  for  issue. 
Tobe!B?ued!npay-      Sec  4.  Jlnd  be  it  further  enacted,  That  the  Secretary  of  the  Trea- 
<uvoro/^uWic"rtdr- ■'■■"'■y  '-^  hereby   authorized,  with  the  approbation  of  the   President,  to 
•«".  cau<e  such  portion  of  said  treasury  notes  as  ma}'  be  deenied  ex})enl[ijent 

to  be  issued  by  the  treasurer  in  |)ayn?ent  of  warrants  in  favor  of  public 
creditors  or  other  persons  lawfully  entitled  to  such  payment  who  may 
Borro<vinir<.ri. oney  rhiiO'^e  to  receive  such  notes  in  payment  at  par.  And  the  Secretory  of 
wryLotes.'***^  '^*' the  Treasury  is  further  authorized,  with  the  approbation  of  the  Piesi- 
dent.  to  b  <rrow  from  time  to  time  such  sums  of  money,  upon  the  credit 
of  such  notes,  as  the  President  may  deem  expedient:  Provided,  That 
no  treasury  notes  shall  be  pledged,  hypothecated,  sold  or  disposed  of 
in  any  way,  for  any  purpose  whatever,  either  directly  or  indirectly,  for 
any  sum  less  than  the  amount  of  such  notes,  including  the  principal  and 
interest  thereof. 


PROVISIONAL  CONGRESS.     Sess.  I.     Ch.  33.     1S61.  55 

Sec.  5.  Aad  be  it  farther  enacted,  That  said  treasury  notes  shall  be     Kotes  transferal* 
transferable,  by    assignment,  endorsed  thereon  by  the  person  to  whose  ^y  ^^sBignment. 
order  the  same  shall  be  made  payable,  accompanied  together  with  the 
delivery  of  notes  so  assigned. 

Sec.  6    And  be  it  further  enacted,  That  said  treasury  notes  shall  bo     Receivawe  in  pay. 

jL^i  tn  •  ii-iiji-  j»  1-1  "lent  of   all  (lues  to 

received  by  the  proper  omcers  in  payment  ot  all  duties  and  taxes  laid  the  o.  s. ,  excev»  tbe 
by  the  authority  of  the  Confederate  States  of  America,  of  all  public  e.  portdnijoncottw.. 
lands  sold  by  said  authority,  and  of  all  debts  to  the  Confederate  States 
of  America,  of  any  character  whatever,  which  may  be  due  and  paya- 
ble at  the  time  when  said  treasury  notes  may  be  offered  in  payment 
thereof,  except  the  export  duty  on  cotton  ;  and  upon  every  such  pay- 
ment credit  shall  be  given  fov  the  ainount  of  principal  and  interest,  if 
any,  due  on  the  note  or  notes  received  in  payment  on  the  day  when  the 
6ame  shall  have  been  received  by  such  officer. 

Sec.  7.  And  be  it  further  enacted,  That  every  collector  of  the  cus-     Public  officers  to 

p         r,-  ,<  a-  I     c   tX,      n  take  receipts  on  tre»- 

totns,  receiver  of   public  moneys,  or  other  oflicer  or  agent  ot   the  Con-  smy  notes  from  the 

federate  States  of  America,  who  shall   receive   any   treasury   note  or ''^''^^'■''* 

notes  in  payment  on  account  of  the*  Confederate   States  of    America, 

ehali  take  from  the  holder  of  such    note   or  notes   a  receipt   upon    the 

back  of  each,  staling  di>linctly  the   date  of  such   payment  and   the 

amount  allowed  upon  such  note ;  and  every  such  officer  or  agent  shall 

keep  regular  and  specific  entries  of  all  treasury  notes  received  in  pa}'-     Kntriesof  freaffury 

.        1  •  ,  1  /•  1  •         1     i»i  L  J    1  1  notes  received  in  paj- 

ment,  showing  the  person  from  whom  received,  the  number,  date  and  nient  of  pr.wic  (iu«, 
amoint  of  principal  and  interest,  if  any,  allowed  on   each   and  every  •";"''  '*^*'  character 
treasury  note  received  in  payment,  which  entries  shall  be  delivered  to 
the  treasury,  with  the  treasury  note  or  notes  mentioned  therein,  and  if 
found  correct,  such  oliicer  or  agent  shall  receive  credit  for  the  amount. 

Sec,  8.  And  be  it  further  enacted,  That  the  Secretary  of  the   Trea-     Secretary  of  tAe 
sury  be  and  he  hereby  is  authorized  to  make  and   issue  from    time  to  ruksras^o  the^-uBtj^ 
time  such  instructions,  rules  and  regulations  to  the   several  collectors,  <'y.  (li^pisai,  etc.,  8f 
receivers,  cl^posifaries  and   all  others  who  may  be  required  to  receive 
Buch  treasury  notes  in  behalf  of  and  as  agents  in  any  capacity  for  the 
Confederate  States  of  America,  as  to  the  custody,  disposal,  cancelling 
and  return  of  any  such  notes  aa  may  be  paid  to  and  received   by  them 
respectively,  and   as  to   the  accounts   and    returns  to  be   made  to  the     nn^  the  ncronn* 
Treasury  Department  of  such   receipts,  as  he   shall   deem   best  calcu-  ^eceiS"."""  °^  ""^ 
lated  to  promote   the  public  convenience  and  security,  and  to  protect 
the  Confederate  States  of  America,  as  well  as  individuals,  from  frauds 
and  loss. 

Sec.  9.  And  be  it  further  enacted,  That  the  SecretaiT  of  the  Trea-  Payircntof  {c«»?« 
BUry  be  and  he  hereby  is  authorized  and  directed  to  cause  to  be  paid  '^^ "*''"''• 
the  principal  and  interest  of  such  treasury  notes  as  may  be  issued  un- 
der this  act,  at  the  time  and  times  when,  according  to  its  provi>ions, 
the  same  should  be  paid.  And  the  said  secretary  is  further  authorized 
to  purchase  said  notes  at  par,  fur  the  amount  of  principal  and  interest 
due  at  the  time  of  the  purcliase  of  such  notes.  And  so  much  of  any 
unappr  >priated  money  in  the  treasury  as  may  be  necessary  for  the 
purpose  {■<  hereby  appropriated  to  the  payment  of  the  principal  and 
interest  on  said  notes. 

Sec.  10.  And  be  it  further  enacted,  That  in  place  of  such  treasury     other  treaenry 
notes  as  may  have  been  paid   and   redeemed,  ofher   treasury   notes  to  [)""«"'«? ^«'5»««<J*» 

.1  i  1        •  I         T^         ■  .    .     rr,.  I  hen  of  those  paid  an* 

the  same  amou  it  may  be  issued  :  Provided,  That  the  aggregate  sum  rcserveiJ. 
outstanding  under  the  authority  of  this  act  shall  at  no  lime  exceed  one 
million  of  dollars:  And  provided  further.  That  the  power  to  issue  and 
re-issue  treasury  notes  conferred  on  the  President  by  this  act,  shall 
cease  and  dctermiiie  on  the  first  day  of  March,  eighteen  hundred  and 
fiixty-two. 


56  PROVISIONAL  CONGRESS.    Sess.  I.    Cii.  33.      18G1. 

Forging  or  oounier-  Sec.  11.  And  be  H  further  enacted,  That  if  any  person  shall  falsely 
notesf  **'*"^'''"*"*^^  make,  forge  or  couniertVit,  or  cause  or  procure  to  be  falsely  made, 
forged  or  counterfeited,  or  willingly  aid  or  assist  in  falsely  making, 
forging  or  counterfeiting  any  note  in  imitation  of  or  purporting  to  be  a 
treasury  note,  issued  as  aforesaid,  or  shall  pass,  utter  or  publish,  or  at- 
tempt to  pass,  utter  or  publish  as  true  any  false,  forged  or  counterfeited 
note,  purporting  to  be  a  treasury  note  as  aforesaid,  knowing  the  same 
lo  be  falsely  made,  forged  or  counterfeited,  or  shall  falsely  alter,  or 
cause  or  procure  to  be  falsely  altered,  or  willingly  aid  and  as.^ist  in 
falsely  altering  any  treasury  note  issued  as  aforesaid,  or  shall  pass, 
utter  or  publish,  or  attempt  to  pass,  utter  or  publish  as  true  any  falsely 
altered  treasury  note,  issued  as  aforesaid,  knowing  the  same  to  be 
falsely  altered,  every  such  person  shall  be  deemed  nnd  adjiiged  guilty 
of  felon}',  and  being  thereof  convi-cted  by  due  course  of  law,  shall  be 
Penalty.  sentenced  to  be  imprisior.ed   and   kept  at   hard   labor   for  a  period  hot 

less  than  three  years  nor  more    than   ten   years,  and   to   be   fined  in  a 
sum  not  exceeding  five  thousand  dollars. 
Penalty  for  making      Sec.  12.  Jlud  be  it  further  enacted,  That   if  any   per.-on  shall  make 
be^T^ed*InVol''ii']E*or  ^^  t'ligrave,  or  cause  or  procure  to  be  made  or  engraved,  or  shall   have 
countejfeiiiDg    suoh  in  his  posscssion  any   metallic  plate   engraved   after  the  similitude  of 
"****■  any  plate  from  which  any  notes  issued  as  aforesaid   shall    have  been 

printed,  with  intent  to  use  such  plate,  or  cause  or  suffer  the  sanie  to 
be  used  in  forging  or  counterfeiting  any  of  the  notes  issued  as  afore- 
said, or  shall  have  in  his  custody  or  possession  any  blank  note  or  notes 
engraved  and  printed  after  the  similitude  of  any  notes  issued  as  afore- 
said, with  intent  to  use  such  blanks,  oi"  cause  or  suffer  the  same  to  be 
used  in  forging  or  counterfeiting  any  of  the  notes  issued  as  aforesaid, 
or  shall  have  in  his  custody  or  possession  any  paper  adapted  to  the 
making  of  such  notes,  and  similar  to  ihe  paper  upon  which  any  such 
notes  shall  have  been  issued,  with  iiitent  to  use  such  paper  or  cause  or 
suffer  the  same  to  be  used  in  forging  or  counfeifeiting  any  of  the  notes 
issued  as  aforesaid,  every  such  person,  being  thereof  convicted  by  due 
course  of  law,  shall  be  sentenced  to  be  imprisoned  and  kept  to  hard 
labor  for  a  term  not  less  than  three  nor  more  than  ten  years,  and  fined 
in  a  sum  not  exceeding  five  thousand  dollars. 
Penalty  for  forfring  Sec.  13.  And  be  it  further  euactcd,  That  if  an}'  person  sh-dl  falsely 
clrtmcatrof'stflck  or  "^^I'^f^i  foi'gp  or  Counterfeit,  or  cause  or  procure  to  be  falsely  made, 
bomi,  or  coupon  i^-  forged  or  counterfeited,  or  willingly  aid  or  assist   in   falsely   making  or 

sued  under  the  af't  of  c        •  i      r   •  i'  j"/*       .  r     i      i  u        i 

the2SthFeb.,  i%i.  forgiug,  or  Counterfeiting  any  Certificate  ol  stock  or  bond,  or  coupon, 
in  imitation  of  or  purporting  to  be  a  certificate  of  stock  or  bond,  or 
couponj  issued  in  accordance  with  the  provisions  of  the  act  entitled  an  act 
to  raise  money  for  the  support  of  the  govcrntnent,  and  to  provide  for  the 
defenceofihe  Confederate  States  of  America,  approved  the  twenty-eigl'th 
day  of  February,  eighteen  hundred  and  sixty-one,  or  shall  pass,  utter 
or  publish,  or  attempt  to  pass,  utter  or  publish  as  tiue  any  false,  forged 
or  counterfeited  certificate  of  stock  or  bond,  or  coupon,  purpoi  ting  to  be 
a  certificate  of  stock  or  lond,  or  coupon,  as  aforesaid,  knowing  the 
same  to  be  falsely  made,  forged  or  counterfeited,  or  shall  falsely  alter 
or  cause,  or  procure  to  be  falsely  altei-ed,  or  v/illingly  aid  or  assist  in 
falsely  altering  any  certificate  of  stock  or  bond,  or  coupon,  issued  an 
aforesaid,  or  shall  pass,  utter  or  publish,  or  attempt  to  pass,  utter  or  pub- 
lish as  true  any  falsely  altered  certificate  of  stock  or  bond,  or  coupon, 
issv.ed  as  aforesaid,  knowing  the  same  to  be  falsely  altered,  every  such 
person  shall  be  deemed  and  adjudged  guilty  of  a  felony,  and  being 
thereof  convicted  by  due  course  of  law,  shall  be  sentenced  to  be  im- 
prisoned and  kept  at  labor  for  a  period  not  less  than  three  years  nor  more 
than  ten  years,  and  be  fined  in  a  sum  not  exceeding  five  thousand  dollars. 
Approved  March  9,  1861. 


^  PROVISIONAL  CONGRESS.    Sess.  I.    Ch.  34,  35.    18G1.  57 

Chap.  XXXIV. — A71  Art  to  provide  for  an.  A^xistant   Treasurer  of  the  Confeilerate  States  of       March  0,186'. 

America,  and  a  Treasurer  for  Ike  Mint  in  the  City  of  New  Orleans.  


The  Congress  of  the  Confederate  States  of  America  do  enact.  That    Branch  mtatNew 

,,       ,  1         •     .     /•  111  •  ,       ,.        TT    •       1    r,  •        ■  •,      O'leans   to   be   the 

the  branch  mint,  lormeily  belonging  to  the   United   Slates,  in  the  city  place  of  deposit  of 
of  New  Orleans,  and  the  vaults  and  safes  thereof,  shall  be  the  place  of  g'''^ '"""'^^^  *° ^''^» 
depo.site  of  the  public  money  of  the  Confederate  States  of  America  in 
that  city;   and  the  President  shall  nomini.te,  and   by  and  with  the  ad- 
vice and  consent  of  Congress  shall  appoint  an  assistant  treasurer  of  the    Assistant  T-easu  er 
Confederate  States  of  America,  who  shall  hold   his  office  until  the  ex-  '» *>«  «PP°'"ted. 
piratioM  of  this  Provisional  Government.     And  the  said  assistant  trea- 
surer shall  have  the  custody  and  care  of  all  public  moneys  deposited 
in  said  place  of  deposite,  and   shall  perform  all  the  duties  required  by         His  Juties. 
law  to  be  performed   by  assistant  treasurers  of  the  Confederate  States, 
who  shall  give  a  bond  with   sureties  for  the  faithful  discharge  of  the     Bond  and  security, 
duties  of  his  office,  which  bond  shall   be  lor  the  sum  of  one  hundred 
thousand  dollars,  and  the  sureties  shall   be  approved   by  the  Secretary 
of  the  Treasury  :   Provided,  That  it  sliall  not  be  necessary   that   each  Proviso, 

surety  shall  bind  himself  for  the  whole  amount  of  the  bond,  but  the 
aggregate  amount  for  which  the  sureties  are  severally  bound  shall  be 
equal  to  the  fidl  sum  of  one  hundred  thousand  dollars:  Provided,  That 
each  surety  shall  be  bound  for  at  least  twenty  thousand  dollars. 

Sec.  2.  Jlnd  il  is  further  enacted.  That  the  salary  of  said    assistant     Assistant  Treasu- 
treasuier  shall   be  four  thousand  dollars  per  annum;  and  the    said  as-  '■'^'' * ^"'"'y- 
sistant  treasurer  shall  also  perform  the  duties  of  treasurer  of  the  mint,     To  perform  the  da- 
withoui  any  further  compensation  than  is  herein  provided.  tiufmint''^*^'*'"*'^'^'  "' 

Approved  March  9,  18G1. 


Chap.  XXXV.  — -lu   Act  further  to  provide  for  the  organization  of  the  Post  Office  Department.        March  9,1361. 


The  Congress  of  the  Confederate  Stites  of  America  do  enact,  That    chiefs  o  f  bureaus, 
to  the    Post  Office  Department  there  shall   be  a   chief  of  the  contract  fn'post'SS^^^^ 
bureau,  a  chief  of  the  appointment  bureau,  and  a  chief  of  the  finance  ''}^'^*<  and their-saU- 
bureau,  each  of  whom  shall   be   entitled  to  an    annual  salary  of  two  "'^^' 
thousand  five  hundred  dollars;  also  a  chief  clerk,  who  shall  be  entitled 
to  an  annual  salary  of  fifteen   hundred   dollars;  also  a  draftsman,  for 
such  time   as   his  services   may   be  required,  at  an  annual   salary  of 
fifteen  hundred  dollars,  or  at  that   rate  for  a  shorter  period  than  one 
year;  also  ten  cleiks  at  an   annifal  salary  of  twelve   hundred  dollars 
each,  and  ten  additional  clerks  at  an  annual   salary  of  one   thousand 
dollars   each.     And   the   Postmaster   General   is   hereby  authorized  to    Postraaster General 
employ   such   other  clerical   force  in  his  department  as  the  exigencies  ciericaUorce.'"'^'^*^'^ 
of   the   public   service    may   absolutely  demand,  the  salaries  of  such 
superadded  clerks  to  be  so  employed  by   him  not  to  exceed  one  tbou- 
pand  dollars  each  ;   but  this   power,  together   with   tbe  tenure  of  such 
appointees,  shall  extend  no  longer  than  the  end  of  the  first  session  of 
the  next  Congress.     And   he  may   also   employ  one    messenger,  at  an     Messenger  an i  la^ 
annual   salary   of    five   hundred    dollars;  and  also  two  laborers,  at  an '""'="• 
expense  of  not  more  than  one  dollar  and  fifty  cents  ejch  per  day. 

Sec  2.  Be  it  further  enacted.  That  so  much  of  an  act  entitled   "An     Act  -ireatincr  cieri- 
act  to  create  the  clerical  force  of  the  several  executive  departments  of  o^J° D^pJJ^jJ^g^**"^^^; 
the  Conte-Jerate  States  of  America,  and  for  other  purposes,"  as  relates  pcaicd. 
to  the  Post  Office  Department  of  the  Confederate  States   be  ajid  the 
same  is  hereby  repealed. 

Sec.  3.  ^^nd  be  it  further  ennct<d,  That  the  Postmaster  General  shall     Transfer  of  cierVa 
have  the  general  power  to  transfer  the   clerks  authorized   by   this  act  anoihcr!"  ""''''"  *° 
from  any  one  bureau  to   another,  according  to  the  exigencies  of  the 
public  service. 

Approved  March  9,  1861. 


58  PROVISIONAL  CONGRESS.    Sess.  I.    Cii.  36,37,38.   1861. 

March  11,  1S51.        Chap.  XXXVI.— ^n  Act  to  fix  the  pay  o/the  Members  of  the  Congress  of  the  Conftdirate  Stau$ 
• of  Anurica. 


Pay  and  raiieape  of      T/iC  CoTigrcss  of  the  Confederate  States  of  America  do  enact.  That 

■lerabers  of    Con-.,  ^,.  *'        ,  <,,  i      ii    ■  •    i  .      i    n 

gress.  Ine   pay  ot  the   members  of  (  oi.gress   shall  be   eight   dollars  per  day 

during  the  session,  and  tliat  each  member  shall  be  allowed  ten  cents 
per  mile  for  coming  to  and  ten  cents  per  mile  for  returning  from  the 
place  where  Congress  may  as>emble  for  each  session,  to  be  computed 
by  the  u.^ual  mail  route  from  his  residence  to  the  seat  of  govfrnment. 
tame  of  the  Presi-  Sec.  2.  Bc  it  further  enacted,  That  the  pay  of  the  President  of 
Congress  shall  be  sixteen  dollars  per  day,  and  the  same  mileage  as  the 
members. 

Approved  March  11,  1861. 


4eut  of  Congress. 


March  11,  18C1 


Chap  XXXVII. — An  Art  making  appropriations  for  the  support  of  Three  Thousand  Men  for 

twelve  months,  to  he  cilleil  into  strvire  at  Chnrl'Slon.  tioulh  Carolina,  under  ihr  third  and 

fourth  sections  of  An  Art  of  the  Congress  "  To  raise  Provisional  Forces  for  the  Confederate 
Stales  of  America,  and  for  other  purposes.^' 

ioppon  of'*th°°Pro-  '^^'^^  Congress  of  the  Confederate  States  of  America  do  enact.  That 
TUionai iroopa.  Ihc  following  appropriations  be  made  for  the  support  of  the  provi>ional 
troop->  called  into  service  by  the  act  aforesaid  :  Pay  of  the  troops,  .six 
hundred  and  fifty-eight  thousand  six  hundred  and  eighty  dullars. 
Forage  for  officers'  horses  and  quartermasters'  animals  and  cavalry 
horses,  twenty  thousand  six  hundred  and  sixty-two  dollars.  Subsis- 
tence for  troops,  two  hundred  and  seventy  thousand  oollars.  Clothing 
for  the  troops,  two  hundred  thousand  dollars.  Camp  and  garrison 
equipage,  eighteen  thousand  two  hundred  and  sixty-seven  dollars  and 
seventy-two  cents.  Supplies  for  the  quartermasters'  department, 
seventy-six  thousand  one  hundred  and  sixiy  dollars.  Fuel  for  troops 
and  hospitals,  fifty-nine  thousand  nine  hundred  and  ninety-seven  dol- 
lars. Medical  and  hospital  department,  twenty  thousand  dollars. 
And  for  additional  Sec.  2.  And  be  it  further  enacted,  That  the  additional  sum  of  eight 
intoMrTi°e.'  '^^  ^  hundred  and  sixty  thousand  two  hundred  and  twenty-eight  dollars  and 
fo)  ty-five  cents  is  hereby  appropriated  for  the  support  of  two  thousand 
additional  troops  to  be  called  into  the  service  of  the  Confederate  States 
for  twelve  months,  at  Charle.ston,  South  Carolina,  whenever  m  the 
discretion  of  the  President  iheir  services  may  be  required. 

Approved  March  11,  1861. 


ITftrrh  11   1881  Chap.  XXXVITl. — An  An  making  appropriations  for  the  support   of  the  Utsu'ar  Army  of  thi 
'  Confederate  Stales  of  America  for  twelve  months,  and  for  othir  purposes. 

Appropriations  for  The  Congrcss  of  the  Confcderats  States  of  America  dc  enact.  That 
rtf uiar  aray  °^  *'*®  the  following  appropriations  are  made  for  the  support  of  the  regular 
army  for  twelve  months,  viz.  :  For  cxpense.s  of  recruiting  and  for 
transpoitation  or  recruits,  one  hundred  and  ninety-two  thousand  five 
hundred  d  hilars.  Pay  of  the  army,  two  millions  seventy  thousand  four 
hundred  and  eighty-four  dollars.  I'oragc  for  officers'  horses  and  for 
cavidry  and  lijiht  artillery  horses,  one  hundred  and  seven  thousand  two 
hundred  dollars.  Subsistence  for  troops,  nine  hundred  and  twelve 
thousand  five  hundred  dollars.  Clothing  for  the  army,  six  hundred  and 
forty-eight  thousand  seven  hundred  and  eighty  dollars.  Camp  ;'nd 
garrison  equipage,  sixty  thousand  dollars.  Supplies  for  the  quarter- 
master's department — consisting  of  fuel  for  the  officers,  enlisted  men, 


PROVISIONAL  CONGRESS.     Sess.  I.     Ch.  38.     1861.  59 

guards,  hoi^pital;*,  storehouses  and  offices;  of  foraj^ein  kind  for  the  horses, 
mules  and  oxen  of  the  quartermaster's  department,  at  the  several  po.-ts 
and  stations  and  with  the  armies  in  thefit^ld  ;  nf  po.-^tage  on  lettirs  and 
packets  received  and  sent  by  officers  of  thi'  army  on  public  si  rvice  : 
expenses  of  courts  martial  and  courts  of  eiiquiiy,  including  the  addi- 
tional compensation  ot  judge  advocates,  recorders,  members  and  wit- 
nes.^es,  while  in  t!  at  service;  extra  piiy  to  soldiers  eniployed  under 
the  direction  of  the  quartcimaster's  dt'p,iitnieiit  in  the  erection  of  bar- 
racks, quarters,  storehouses  and  hospitals,  for  constant  labor  h)r  periods 
of  not  less  than  ten  days,  including  those  employed  as  cleiks  ;  expense 
of  interment  of  olFicers  killed  in  action,  or  who  die  when  on  du;y  in 
the  field,  or  at  the  posts  on  the  fiontiers,  and  of  noii-coiiiiiiissioned  offi- 
cers and  soldiers  ;  authorized  office  furni  ure  ;  hire  of  laborers  in  the 
quartermaster's  department;  compen-ation  of  cleiks  of  the  officers  of 
the  quartermaster's  department ;  for  the  approhensicm  of  deserters  and 
the  expenses  incident  to  their  pursuit ;  iur  the  following  expenses 
required  lor  the  regiment  of  cava  ry  and  for  the  four  batteries  ot  light 
artillery;  namely,  the  purchase  of  travelling  forges,  blacksmith's  and 
shoeing  tools,  horse  and  mule  shoes  and  nails,  irun  and  steel  for  shoe- 
ing; medicine  for  horses  and  mules;  picket  mpes,  and  for  .-hoeing  the 
horses  of  tlie  corps  named — three  hundred  and  filly-three  thousand 
nine  hundred  and  fift;'-six  dollars.  For  constructing  bai  racks  and 
other  buildings  at  posts  which  it  may  be  neces.sary  to  occupy  during 
the  year,  and  for  repiiring,  altering  and  enlarging  buihlings  at  the 
established  posts,  including  hire  or  commutation  of  quaiters  for  otHcers 
on  military  duty,  hire  of  quarters  for  troops,  of  storehouses  for  the  safe 
keeping  of  military  stores,  and  of  grounds  for  summer  cantonments 
and  for  temporary  frontier  stations,  fur  commutation  of  forage  for  offic^ers' 
horses  when  it  cannot  he  drawn  in  kind,  three  hundred  and  fifty  thou- 
sand dollars.  Fur  mileage,  or  the  allocvance  made  to  officers  of  the 
army  for  the  transportation  of  themselves  and  their  biiggagc  when  travel- 
ling on  duty  witiiout  troops,  escorts  or  supplies,  thirty-five  thousand 
dollars:  Provided,  That  mileage  shall  not  be  Allowed   when  the  officer  ProTiso. 

has  been  transferred  or  relieved  at  his  own  request.  For  transporta- 
tion of  the  army — including  the  bnggage  of  the  tioops  whtn  moving 
either  by  land  or  water,  of  horse  equipments,  and  of  subsistence — from 
the  plnces  of  purchase,  and  from  the  phices  of  delivery  under  contract, 
to  such  places  as  the  circumstances  of  the  service  niay  lequire  them 
to  be  sent,  of  ordnance,  ordnance  stores  and  small  arms,  freights, 
wharfage,  tolls,  and  ferriages,  hire  of  horses,  mules  and  oxen,  and  the 
purchase  and  repair  of  wagons,  carts  and  drays,  and  of  ships  and  other 
sea  going  vessels  required  for  the  transportation  of  supplies  and  for 
garrison  purposes,  for  dniyage  and  cartage  at  the  several  posts,  hire  of 
teamsters,  transportation  of  funds  for  the  disbursing  dcpaitmonts,  the 
expense  of  public  tr  nsports  on  the  various  rivers,  the  gulf  of  Mexico 
and  tho  Atlantic,  six  hundred  and  fifty  thousand  dollars.  For  the  pur- 
chase of  hor.ses  for  the  regiment  of  cavalry  and  four  batteries  of  light 
artillery,  one  hundred  and  sixty-three  tho'usund  two  hundred  dullars. 
Contingencies  of  the  army,  fifteen  thousand  dollars.  For  the  medical 
and  hospital  departments,  seventy-five  thousand  dollars.  Contingen- 
cies of  the  adjutait  general's  depaitment,  six  hundred  dollars.  Arma- 
ment of  fortifications  and  purchase  of  light  artillery,  two  hundred  and 
fifty  thousand  dollars.  Purchase,  manufacture  and  alteration  of  small 
arms,  four  hundred  and  fifty  thousand  dollars.  For  ordnance,  ordnance 
stores  and  supplies,  including  horse  equipments  for  the  regiment  of  cav- 
alry and  for  light  batteries,  one  hundred  and  ninety-nine  thousand  five 
hundred  and  forty  dollars. 


60  TROVISIONAL  CONGRESS.     Sess.  I.     Cii.  39.     1861. 

Secretary  of  War      Sec.  2.  ^iid  be  it  farther  enacted,  That  the  Secretary  of  War,  under 

™f"app'ropriaiim.r 'to  the  direction  uf  tlie  President,  be  and  he  is  hereby  authorized  to  apply 

v^rionai  fords'"  ^"'  ^"y  po''^''^"  of  the  appropriations  inade  by  this  act  to  the  support  of  the 

provision:!!  forces  wliich   may  bo  called  into   service,  whenever  in   his 

oj)inijn  the  same  uia;  be  necessary. 

Approved  March  11,  1861. 


March  11,  18G1.        Cuap.  XXXIX. — An  Act  to  establish  a  Court  of  Admiralty  and  Maritimt  Jurisdiction  at  K*9 
Wtsl,  ill  the   State  of  Florida. 


Court  of  Adiir.riity       The  CoHS^ress  of  tkc  Confcdcrtite  States  of  America  do  enact,  Tlia.t 

at  K.-y  West,  Stale  of  .      f       i      •      i.  1  ■.•  ••!•.•  t     v  Wt      ^     •       «u 

fiorida.  a  court  oi  admiralty  and   m;iritime  jurisdiction   at   Key    West,  in   th* 

Sla  e  of  Florida,  shal'  be  and  is  hereby  created,  which  shall  have  cog- 
nizance of  all  civil  causes  of  admiralty  and  maritime  jurisdiction, 
including  all  seizures  under  the  revenue  laws  or  laws  of  navigation  and 
trade  of  the  Confederate  States,  when  the  seizures  are  made  or  cause 
of  complaint  arises  on  waters  which  are  navigable  from  the  sea  by 
vessels  of  ten  or  more  tons  burden,  as  well  as  upon  the  high  seas, 
saving  to  suitors  in  uU  cases  the  right  of  a  comiuon  law  remedy,  where 
Juriadiction.  the  remedy  at  common  law  is  ample  and  complete.  The  said  court 
shall  exercise  jurisdiction  in  all  that  part  of  the  Slate  of  Florida  which 
lies  south  of  a  line  drawn  due  east  and  west  from  the  northern  point  of 
Charlotte  Harbor,  including  the  islands,  keys,  reefs,  shoals,  harbors, 
bays  and  inlets  south  of  said  line. 

Sec.  2.  The  said  court  shall  also  have  cognizance  of  all  crimes  and 
offences  cognizable  under  the  authorit}'  of  thv  Confederate  Slates  arising 
upon  the  high  seas    and  within    the  territorial   limits   aforesaid.     And 
until  otherwise   provided  by   law  of  Congress,  the  laws   of  the   United 
States  in  regird  to  crimes  and  offences,  and  to  the  mode  of  procedure, 
practice  and  trial  in  all  criminal  or   penal   cases,  shall  be  in  force   and 
form  the  rule  of  practice  and  decision  in  the  said  court. 
Judge  of  saifi       Sec.  3.  There  shall  be  appointed  by  the  President,  by   and  with  the 
court,  and  his  salary,  ^jyj^g  .,,-,j  consent   of  Congress,  a  judge  of  said  court,  for  the   term 
prescribed  by  the  Constitution, whoshall  receive  compensation  atthe  rate 
Whereto  re.side.     of  three  thousand  five  hundred  dollars  per  annum,  payable  quarterly.  The 
judge  shall  reside  at  Key    West,  in  the  State   aforesaid,  and  shall   hold 
Terras  of  court.      two  rcguhir  terms  of  said   court  in  each  year,  at   Key    West,  the  one 
commencing  on  the  first  Monday  of  May,  the  other  on  the  first  Monday 
Extraaession.       of  November  in  each  year;   and  shall  hold  extra  sessions  of  the  same 
from  time  to  time,  at  such  places  in  said  district  as  occasion   may  re- 
quire, to  dispatch  the  business  of  said  court.     And  the  said  court  shall 
be   at   all   times  open  for  the   purpose  of  hearing  and   determining  all 
cases  of  admiralty  and  maritime  jurisdiction. 
Marshal  and  clerk.       Sec.  4.  The  said  judge  shall  also  appoint  a  mnrshal/  and  a  clerk  for 
said  court,  who  shall  be  in  all  respects  subject  to  the  p:ovisions  of  the  act 
entitled  "  An  Act  to  e^itablish    the  judicial   courts  of  the   Confederate 
States   of  America,"  so  far  as  (he   same  relates  1o  the  bonds,   caths, 
qualifications,    powers,   duties,    liabilities  and   official    conduct   of  the 
ch  rks  or  marshals  respectively,  and  to  the  remedy  for  any  violation  of 
Tiieirfeej.         duty,  breach  of  bond  or  other  official  delinquency.     And  they  shall  also 
have  the  same  fees  for  their  re.><pective  service  as  in  said  act  are  pre- 
scribed. 
Residence  of  clerk,      Sec.  5.  The  clerk  shall  reside  and  keep  the  records  of  the  court  at 
andhia  dutic.  ^^^,  ^^\^^^  ^f  holding  the  same,  and   it  shall   also  be  his  duty   to  attend 

the  sittings  of  the  said  court  wherever  held,  and    keep  a   record  of  its 
acts  and  proceedings,  as  if  held  at   the  regular  place  of  holding  the 


PROVISIONAL  CONGRESS.     Sess.  I.     Ch.  40,  41.     1861, 


61 


same.  The  said  marshal  shall  also  attend  the  said  court  wherever 
holden,  and  shall  have  power  to  appoint  as  many  deputies  as  he  may 
deem  necessary,  for  whose  official  acts  he  shall  be  bound  as  for  his  own. 

Sec.  6.  Appeals  may  be  allowed  and  writs  of  error  sued  out  from 
said  court  to  the  supreme  courf,  of  the  Confederate  States,  in  the  same 
manner  and  upon  the  same  terms  as  from  a  district  court  of  the  Ccn- 
federate  States. 

Sec  7.  The  said  judge  shall  also  appoint  for  said  cnuit  a  fit  person, 
learned  iii  law,  to  act  as  attorney  for  the  Confederate  States  in  all  mat- 
rers  touchinn;  their  interest,  and  in  all  crimes  and  offences  against  their 
laws.  He  shall  receive  for  his  services  a  salary  of  two  hundred  dol- 
lars per  annum,  payable  quarterly,  and  the  further  sum  of  five  dollars 
a  day  for  each  day  that  he  may  attend  said  court  when  in  actual 
session. 

Sec.  8.  And  be  it  further  enacted,  That  no  vessel,  or  any  master 
thereof,  shall  be  re^jularly  employed  in  the  business  of  wrecking  on  the 
coast  of  Florida  without  the  license  of  the  judge  of  said  court;  and 
before  licensing  any  vessel  or  master,  the  judge  shall  be  satisfied  that 
the  vessel  is  seaworth}'  and  properly  and  sufficiently  equipped  and 
fitted  for  the  business  of  saving  properly  shipwrecked  and  in  distress, 
and  that  the  master  thereof  is  trustworthy  and  innocent  of  any  fraud 
or  misconduct  in  relation  to  any  property  shipwrecked  or  saved  on  said 
coast. 

Sec.  9.  That  the  said  court  shall  conform  to  the  practice  of  the  dis- 
trict courts  when  exercising  admiralt}''  and  maritime  jurisdiction,  and 
shall  moreover  have  power  to  make  rules  to  govern  the  practice  therein, 
not  inconsistent  with  the  laws  of  the  Confederate  States. 

Sec.  10.  All  writs  and  process,  either  mesne  or  final,  which  shall 
issue  from  said  court,  shall  bear  test  of  the  judge  of  said  court,  and 
shall  be  under  the  seal  and  signed  b}'  the  clerk  thereof. 

Sec.  11.  This  act  shall  take  effect  and  be  in  force  from  and  after  the 
passage  thereof. 

Approved  March  11,  ISGl. 


Marshal  to  attend 
court,  may  sppoiut 
deputies. 

Appeals  and  writs 
of  en  or. 


Judge  to  appoint  .in 
altoiiit}'. 

ris  duties, 
and  corapcDsation. 


rusinef.s  of  wreck- 
ing on  the  coast  of 
Florida. 


Judge    may   grnnt 
licenses. 


When  the  court  to 
conform  to  the  prac- 
t  i  •  e  of  the  District 
Courts. 

.May  make  rules  of 
practii'e. 

Writs  and  process. 


When  act  takes  ef- 
fect. 


Chap.  XL. — An  Act  making  appropriation.'s  to  carry  out  the.  provisions  of  "An  Act  to  Provide 
for  the  Public  Defence." 


March  12,  ISGI. 


The  Congress  of  the  Confederate  States  of  America  do  enact,  That    Appropriaiion  for 
to  enable  the  President  to  carry  into  effect  the  provisions  of  the  act  of  and  ffr  pay,  Jtc°*^of 
the  Congress  of  the  Confederate  States,  entitled  "An  act  to  p,-ovide '■°'""^'-'"  f"'"*-'"- ' 
for  the  public  defence,  "  and  to  provide  for  the  pa3^  sub.vislence  and 
transportation  of  such  volunteer  forces  as   may  be  called  into  service 
by  authority  of  the  sold  act,  the  sum  of  five  millions  of  dollars,  or  as 
iruch  thereof  as  may  be  necessary,  be  and  the  same  is  hereby  appro- 
priated from  any  moneys  in  the  treasury,  not  otherwise  appiopriated. 

Approved  March  12,  1861. 


Chap.  XLX.—An  Act  amendatory  of  An  Act  for  the  organization  of  th'.  Staff  Departments  of 
the  Army,  and  An  Act  for  the  establishmtnt  and  organization  of  the  Army  of  the  Confcd-  ■ 
trate  States  of  Ameriba. 


March  14,  ISCl. 


The  Congress  of  the  Confederate  States  of  America  do  enact,  That  Adjutant  and  in- 
the  adjutant  and  inspector  general's  department  shall  consist  of  two  par^met!t^"re"rrVau- 
assistant  adjutants  general  with  the   rank  of  lieutentant  colonel,  two  '*'='*• 


62  PROVISIONAL  CONGRESS.    Sess.  I.    Ch.  42.   1861. 

asNi>tarit  ailjiitanls  general  with   tlie  rank  of  ninjor,  and  four  assistant 

adjut;n)t<  general  with  the  rank  of  eapiam. 
Brisaiiier  General       iSec   2.    Be  il  further  enacted,  Thi.t  there  tihall  be  added  one  biiga- 
'ofor'eaiVj'inted'.''^'"'  *^''^'' ^'^'"^'■^'  ^°  ^'■'^^•''^   heretofore  authuiized   bv  law,  and  that  any  one 
'  Kay   be   asn^gowi  «*  the  brigadier  gf^nerals  of  the  urn  y  ol'  the  Confederate  States  may 

to  the  (iuty  of  Adjn   (jp  assid;!ied  to  the  duty  of  adiiitaut  and    inspector  general,  at  the  dis- 
tant   and    Inspe:tor  .•  ^-     i       i,        •  i       .  "* 

Oentiai.  cretion  ot  the  rre-uient.  ' 

Quartermaster Cr.n-      Sec.  3.   Be  it  further  enacted,  Th;it  the  qiiarteruiaster  general's  de- 
eraiM Dipartment re-  paituieut  shall  consi.-.t  t>f  one  Quarti.  rmasier  general  with  the  rank  of 
colonel,  one  assistant  quarlermas  er  general  witli  the  rank  of  lieutenant 
cclonel,  four  as>i>tam  qnarterlTla^ters  with  'he  rank  of  major,  and  such 
other  oifiv-ers  in  that  di  paitnient  as  are  alre.idy  provided  by  law. 
romrnisi.'xry   Gen-       Skc.  4.   Be  U  further  eiKicted,   That    the    ct)minissary  general's    de- 
orKaniz-d ^'^''°^°' '^^'  P^''t'^*^"t  sh.ill    consi.-t  of  one   conuiiissary  general  with    the   rank   of 
colonel,  one  commissary  with  the  rank  of  lieutenant  culunel,  one  com- 
missary  with    the    rank   of   major,  and   three   commissaries  with  the 
rank   of  captain;   and   as   many   assistant   commissaries   as   may  from 
tiine   to   time    be   retjuired    by   the  service  may   be   detailed    by   the 
War  Department  fi-om  the  subalterns  of  the  line,  who,  in   addition  to 
their  pay  in  the  line,  shall  receive  twenty   dollars  per  month  while 
engaged  in  that,  service. 
Commissions  to  om-      Sec  5.  Be  it  further  enacted.  That  in  all  cases  of  officers  who  have 
eers  of  u.  s.  ana*-  lesi-J-ned,   or   who   mav   within    six    months   tender    their  resignations 
and  been  appointed  from  the   army  of  the    United   States,  and  who  have  been  or   may  be 
In  t"he°armVVf''ui.- o!  ipp 'i'lted  to  Original  vacancies  in  ihe  army  of  the  t'onl'ederate  States, 
s.,  to  bear  the  same  the  com.'nissidns  issiied  shall  bear  one  and   the  same  date,  so  that  the 
relative   rank  of  officers  of  each   grade   shall   be  defeiinined   by  their 
former  commissions  in  the   United   states  army,  held   anteiior  to  the 
secession  of  these  Confederate  ^-tates  from  the  United  States 
Oath  prescribed  for      Sec.  6.    B^.  it  further  eadcted,    That  every  officer,  non-commissioned 
Bimier\,ffi"-s,"7nusr-  officer,  musician  and  private  shall  take  and  subscribe  the  Ibllowing  oath 
ciaijs  and  privates,     or  alfirmation,  to-vvit:    I,  A.  B.,  do    olemnly  swear  or  affirm   (as  the 
case  may  be)  that  while  I  continue  in  the  service  I  will  bear  true  Aiith 
and  yield  obedience  to  the  ('onf(!derate  States  of  America,  and   that  I 
will  serve  them  honestly  and  faithfully  against  their  enemies,  and  that 
I  will  observe  and  obey  the  orders  of  the  President  of  the  Confederate 
States,  and  the  orders  of  the  officers  appointed  over  me,  according  to 
the  rules  and  articles  uf  war. 
Laws  mii.itating      Sec.  7.    Be  it  further  enacted,  That  all  laws  and  parts  of  laws  mili- 
pfaied!  ""'  *"''  '^^'  fating  against  this  act  be  and  the  same  are  hereby  repealed. 
Approved  March  14,  1861. 


March  M,  1861.  Chap.  XLII.- jln  Act  to  regulate  Foreign  Coins  in  thi  Confederal)  Slatei. 


Laws  of  the  u.  s.       The  Cons^refis  of  the  Confederate  States  of  America  do  enact,  That 
themintrand'bnrnX  all  'aws  and  parts  of  laws  now  in   force  for  the  regulation  of  the  mint 
mints,  declared  to  be  and  branch  mints  of  the  United  states,  and  for  the  government  of  the 
officers  and   persons  employed  therein,  and  for  the  punishment  of  all 
offences  connected  with  the  mint  or  coinaire  of  the  United  States,  shall 
be  and  thev  are  hereby  declared  to  be  in  full  force  in  relation  to  the 
mints  of  New  Orleans  and  Dafilonega. 
AisotheiavTsorthe      Sec  2.  That  all   laws  now  in  force  in  reference  to  the  corns  of  the 
foins  an,?rnin'^'^  '''  Uuitcd  Statcs,  and  the  strikingand  coining  the  same,  shall,  as  far  as  ap- 
plicable,  have  full  force  and  effoct  m  relation  to  the  coins  therem  author- 
ized, wMiether  the  said  laws  are  penal  or  otherwise,  and  whether  they 
are  for  preventing  counterfeiting  or  debasement,  for  protecting  the 


PROVISIONAL  CONGRESS.     Sess.  1.     Cii.  43.     1861. 


63 


currency,  for  rrgulalin";  and  guarding  the  process  of  ftriking  and  coin- 
ing and  the  preparations  therefor,  or  tor  the  security  of  the  coin,  or  for 
any  o'her  puipoi^e. 

Sec  3.   That  the  silver  coin-^  issued  in  confornnity  with  the  Ia\v[s]  of    silver  coins  isnaed 
the    United    States   of  twenty-first  of  February   and    third  of  March,  ^p-J/i^fp*^;' '^^^^^8^ 
eighteen  hundred  and  fifty-thiee.  shall  be  legal  tenders  in  payment  of  Macii,  i863,   made 
debts  for  all  sums  not  exceeding  ten  dollars,  all   laws   to  the   contrary  '«eii"'=°^^''*- 
notwilhstiinding. 

Sec    4     Th;it  the  following  foreign  gold  coins  shall  pass  current  as     Foreigii  gold  e»u 
money    within    the   Confederate  States  of  America,  and   be  receivable  '»  Pi^^'   current  m 
for  tlie    payment  of  all  debts  and  deniands  at  the  following  rates,  that  rat*e3.*' 
is   to  •^ay  :    The   sovereign   of  England,  of  no  less  a  weight   than  five 
pennyweights  and    three   grams,  and   of  the    finen«'.-s   ot   (915^)  nine 
hundred  and   fifteen  and  one-half  tbou-arrdths,  shall  be  deemed  equal 
to  four  dollars  and  eighty-two  cents.     The  Napoleon,  of  the  weight  of 
not  less  than  (4  dvvts.,  '6^  g'""^--)  four   pennyweights  three  grains  and 
one-half,    and    of    a   finene.-s   of   not   le.^s   than    (899)   eight   hundred 
ninety-ninth   thousanilths,  shall   be  deemed  tqual   to  three  dollars  and 
eighty-two  cents.     The  Spani.'^h   and  Mexican  doubloons,  of  no  less  a 
weight  thutj   (17  dwts.,  85  grs.,)  seventeen   pennyweights  eight  grains 
and  one-half,  and  of  the  fineness  of  not  less  than  (899)  eight  hundred 
ninety-ninth  thousandths,  shall  ue  deemed  equal  to  fifteen  dollars  and 
fifty-' hree  cent>. 

S.C.  5.  That  the  following  silver  coins  shall  pass  current  as  money  SiiTcr  coins  to  pws 
within  the  ("onlederate  states  of  America,  :ind  be  receivable  in  payment  certain' raui."'"'^'  ** 
for  :d!  debts  and  demands  at  the  following  rates,  that  is  to  say  :  The 
American  dollar,  (41222.)  four  hundred  and  twelve  and  one-half  grains, 
and  the  dollar  of  Mexico,  of  not  less  than  (897)  ei<iht  hundred  ninety- 
sevvnth-thdu^andths  in  fineness  and  (4i5g.)  fair  hundred  fifteen 
grains  in  weight,  shall  be  deemed  equal  to  one  dollar  and  two  cents. 
The  five-franc  pii-ee,  of  not  less  than  (900)  nine  hundred  thorrsandths 
in  finene.-s  and  (384)  three  hundred  eighty-four  grains  in  weight,  shall 
be  deemed  equal  to  ninety-five  cents. 

Be  ii  further  enacled,  'i  hat  all    laws  and   parts  of  laws  inconsistent      l*wb  repeaUi 
with  this  act  be  and  the  same  are  hereby  repealed. 

Approved  March  14,  1861. 


Cn.vp    W.Wl.— An  Art  making  appropriations  /or  the  Lesialative,  Executive  and  Judicial       Warch  15, 1881. 

ej-pr7ists  of  Govtrnment,  for  the  year  tndini;  fourth,  of   February,  eighteen  hundied  and 

sixty-two. 

The  Congress  of  the  Confederate  States  of  America  do  enact.  That    ^PP''op'-i»tioni, 
the  following  Mirns  be,  and  the   same  are    hereby  appropriated,  out  of 
any  money  in  the  treasury  not  otherwise  appropriated,  for  the  objects 
hereafter   expressed,    for  the   year    ending    the    Ibuith  of    February, 
eighteen  hundred  and  sixty-two,  namely: 

LegisJiitive. — For  compensation   and    mileage  of  members  of  Con-        i^gisiaiTe. 
gress.  twenty-six  thousand  seven   hundred  and  forty  dollars. 

FiT  compensation  of  the  officers,  clerks  and  messengers,  and  others 
employed  by  Congress,  tiine  thousand  dollars. 

For  the  contingent  ex|)enses  of  Congress,  twenty  thousand  dollars. 

Executive. — For  compensation  of  the   President  of  the  Confederate        txecutiT*. 
States,  twenty-five  thousand  dollars. 

For  compensation  of  the  Vice  President  of  the  Confederate  States, 
six  thousand  dollars. 

For  compensation  of  the  private  seci-etary  of  the   President,  and 
messenger,  one  thousand  seven  hundred  dollars. 


€4  PROVISIONAL  CONGRESS.     Sess.  I.     Cn.  43.     1861. 

For  contingent  expenses  of  the  executive  office,  three  hundred  and 
fifty  dollars. 
Department  of      Depariment  of  SIftfc. — For  compensation  of  the  Secretary  of  State, 
**■  and  a-.-istant  secretary,  clerks  and  messenger,   twelve  thousand  two 

hundred  dollars. 

P^'or  the   incidental    and    contingent   expenses  of  said  department, 
thirty-two  thousand  dollars. 
Treasury  Tepart-       Trcasurij  Department. — For  compensation  of  Secretary  of  the  Trea- 
'"^"  sury,  assistant  secretary  of  the  treasury,  comptroller,  auditor,  treasurer 

and  register,  clerks  and  messengers,  including  those  employed  in  the 
seveial  bureaus  of  the  Treasury  Department,  fifty-eight  thousand  eight 
hundred  dollars. 

For  the  incidental  and  contingent  expenses  of  said  depariment,  in- 
cluding the  bureaus,  twelve  thousand  dollars. 
War  De lartment.  JVar  Department. — For  compensation  of  Secretary  of  War,  chief  of 
bureau,  clerks  and  messengers,  including  the  clerks  and  messengers 
in  the  several  offices  of  adjutant  general,  quartermaster  general,  com- 
missaiy  general,  surgeon  general,  chief  engineer  and  artillery,  thirty- 
four  thousand  dollars. 

For  incident:il  and  contingent  expenses  of  said  department,  twenty- 
five  thousand  dollars. 
Navy  Department.      j\;,i'y  Department. — For   compensation   of    Secretary  of  the  Navy, 
clerks  and  messengers  in   his  office,  twelve  thousand  three   hundred 
dollars. 

For  the  incidental  and   contingent  expenses  of  the  Navy  Depart- 
ment, five  thousand  dollars. 
^Pc^t-Offitc  Depart-      Post-Office  Department. — For  compensation  of  the  Postma!~tcr  Gen- 
eral, clerks  and    messengers  in   his  office,   twenty-nine  thousand   nine 
hundred  dollars. 

For  incidental  and  contingent  expenses  of  the   Post-Office   Depart- 
ment, fifteen  thousanri  dollars. 
Department  of  Jus-      DepartmeTit  of  Justice. — For  compensation  of  the  Attorney  General, 
clerks  and  messengers  in  his  department,  ten  thousand  two  hundred 
dollars. 

For  incidental  and   contingent  expenses  of  said  department,  three 
thousand  dollars. 
Judiciary.  Judiciary. — For  salaries  of  judges,  attorneys,  marshals,  and  inciden- 

tal and  contingent  expenses  of  courts,  fifty  thousand  dollars, 
drnt  Tream"''*''^'^"      ''^^'"^^  ^^''^'^  Independent    Treasury. — For   compensation  of  'officers,  in- 
cidental  and   contingent  expenses,   including  wages  of  woikmen  and 
pay  of  laborers,  if  necessary,  for  the  mints  and  independent  treasury, 
the  sum  of  eighty  thousand  dollars. 
Fo-cigD intcrcourEe.      Foreign  In'ercauise. —  For  salaries  of  ministers,  commissioners,  sec- 
retaries or  other  officers  employed   by  the  government  in   relation  to 
intercourse  with  foreign  governments,  and  for  incidental,  miscellaneous 
and   contingent    necessities  and   expenses  connected    with  said   inter- 
course with  foreign  nations,  one  hundred  thousand  dollars. 
Lighthouscp.  Lighihonses. — For  supplying  the  lighthouses  and  beacon  lights  with 

oil,  wicks,  glass,  chimneys,  and  olher  expenses  of  the  same,  repairing 
and  keeping  in  repair  the  lighting  apparatus,  salaries  of  keepers  and 
assistants  within  the  jurisdiction  of  the  Confederate  States,  one  hun- 
dred and  fifty  thousand  dollars. 
WMuri^v^nL"'^^'  Expenses  of  Collecting  Revenue. — For  expenses  of  collecting  reve- 
nue from  customs  at  the  several  ports  of  entry  and  delivery  as  now 
established  by  law,  and  which  may  hereafter  be  designated  under  the 
authority  given  to  the  Secretary  of  the  Treasury,  in  the  respective 
States  of  the  Confederate  Slates  of  America,  five  hundred  and  twenty- 
five  thousand  dollars. 


PROVISIONAL  CONGRESS.  Sess.  I.     Ch.  44, 45,  46.   1861. 


65 


For  expenses  of  engraving  bonds  or  certificates  of  stock,  under  the 
acts  to  raise  money  for  the  support  of  the  government,  and  to  provide 
for  the  defence  of  the  Confederate  States  of  America,  and  to  issue 
treasury  note?,  twenty  thousand  dollars. 

Executive  Mansion. — For  rent  of  house  for  President  of  Confede- 
rate States,  five  thousand  dollars. 

Miscellaneous. — For  necessities  and  exigencies  under  laws  already 
passed,  or  which  may  be  passed,  or  fiom  causes  which  now  exist,  or 
may  hereafter  arise,  and  unforeseen  emergencies,  there  is  hereby  ap- 
propriated the  sum  of  two  hundred  thousand  dollars,  subject  to  the 
requisition  and  under  the  control  of  the  President  of  the  Confederate 
States  of  America. 

Approved  March  1.5,  1861. 


Fxecutive  Uansiosk. 


Misccllaneooa. 


Cb^p.  XLIV. — An  Act  to  authorize  the  appninftnfnt  of  Commercial  Agcntf  ar  Consuls  to  for- 
eign ports. 


March  l.'S,  ]8«1. 


The  Congress  of  the  Confederate  States  of  America  do  enact,  That    President  to  arpoim 
the  President  be,  and  he  is  hereby  authorised,    to  appoint  such  com-  consX""'' ''^'""'" 
merrial  ajrents  or  consuls,  as  in  his  opinion  the  commercial  interests  of 
the  Confederacy  may  require  ;  and  all  such  commercial  agents  or  con-         Thtirfcei. 
8uls  shall  charge  the  fees  usual  under   the   laws  of  the  United  States: 
Provided,  however,  That  the   amounts  of  money   obtained  by  said  fees  proviso, 

shall  be  reported  to  the  Treasury    Department,  and   the  salaries   shall 
not  be  greater  than  the  laws  of  the  United  States  allow. 

Approved  March  15,  1861. 


Chap.  XLV. —  An  Act  to  authorize  the  construction  or  purchase  of  ten  Gun  boats. 


March  15, 1891. 


Ths  Congress  of  the  Confcderatz  States  of  America  do  enact,  That    Bteam  pun-boats  t« 
the  President  be,  and  he  is  hereby  authorised,  to  cause  to  be  construe-  c^^asTiffor^coas'tT- 
ted  or  purchased  ten  steam  izun-boats,   for  coast  defence,  whereof  five  fi-'uce. 
shall  be  of  a  tonnage  not  exceeding  seven  hundred  and  fifty  tons,  and 
five  of  a  tonnage  not  exceeding  one  thousand  tons. 

Approved  March  15,  1861. 


Ch.\.p.  XLVI  — An  Act  to  deftne  and  Jix  the  pay  of  the  OJieers  of  the  Congress   of  the    Provis- 
ional Govtrnmeni. 


March  13,1861. 


The  Congress  of  the  Confederate  States  of  America  do  enact.  That      compensation   of 
the  Secretary  of  the  Congress   shall   receive  an  annual  compensation  p'Jesf^wi^r/ntsfcr"- 
of  twenty-five  hundred  dollars,  and  at  that  rate  during  the  continuance  "ht,  journal  cierii,, 
of  the  Provi-ional  Government;   that   the   assistant  secretary,  journal  kV.Ve'r'^and'^meiif^u- 
clerk  and  reading  cleric  shall  each    receive  an  annual  compensation  of  S';''. 
two  thousand  dollars,  as  aforesaid  ;  that  the  door-keeper  shall  raceive 
an  annual  c  imfiensation  of  twelve   hundred  dollars,  as  aforesaid;  that 
the  messenger  shall  receive  an    annual   compensation  of  one  thousand 
dollars,  as  aforesaid. 

Sec.  2.  That  the  extra  clerk  employed  by  the  day  to  enroll  or  en-  or  extra  clerk  em- 
gross  the  acts  of  the  Congress,  shall  receive  six  dollars  per  diem,  to  jn^j^r"*, '^^.*j^"g"  *"■ 
be  paid  on  the  warrant  of  the  President  of  the  Coegress. 

Approved  March  15,  1861. 


t'6  PROVISIONAL  CONGRESS.  Sess.  I.  Cn.  47,  48,  10.   1861. 

March  l.*!,  1S61.       Chap.   XLA'II. — An   Actio  amend  nn  act  entitled  "  An  act  to  eatablish  a  Cnurt  of  Admhalif/ 
and  Maritime  Jurisdiction  at  Key  West,  in  the  Utate  of  Florida.^' 


The  President  to  The  Cougrcss  of  the  Confederate  States  of  America  do  enact,  That 
and"n"arshai^f!°/'the  SO  luuch  of  an  act  entitled  "  An  act  to  establish  a  Court  of  Admiralty 
Court  of  Admiralty  at  jj„j  ;\iaritiiT!e  Jurisdiction   at  Key  West,   in  the   State  of  Florida,"  a? 

Key  West,  Florida.  ■  i        r         i  ■  r  T        -^  i  iir-i 

provides  lor  the  appointment  or  a  district  attorney  and  marshal  ol  said 
court  by  the  judge  thereof,  be  and  the  same  is  hercb}'  repealed  ;  and  it 
is  heieby  made  the  duty  of  the  President  of  the  Conl'ederatc  States  to 
appoint  lor  said  court  a  fit  person,  learned  in  the  law,  to  act  as  attorney 
for  the  Confederaie  States  in  all  crimes  and  offences  against  their  laws, 
and  in  all  other  matters  touching  their  interest.  The  President  shall 
also  appoint  a  marshal  ftr  said  court ;  and  said  attorney  and  marshal 
shall  receive  such  pay  in  every  respect,  and  perform  such  services 
respectively  as  are  provided  for  and  required  of  attorneys  and  marshals 
by  an  act  entitled  "  An  act  to  establish  the  Judicial  Courts  of  the  Con- 
federate States  of  America." 

Approved  March  15,  1861. 


hfnr.-li  ir>  1S61.  Cu.\r.  XLVIII. — An  Act  to  appoint  a  Second  Auditor  of  tlu  Treasury. 


The  President  to  The  Coiif^rtss  ()f  the  Confederate  Statis  of  America  do  enact ,  That 
u!7of''theTreat=ury""  ^^^^^^  ^^^^"  ^^  appointed  by  the  President,  by  and  with  the  advice  and 
consent  of  the  Congress,  an  additional  officer  for  the  Treasury  Depart- 
ment, to  be  called  the  Second  Auditor  of  the  Treasury,  who  shall  be 
charged  with  the  auditing  of  accounts  for  the  War  Pepartment,  and 
who  shall  receive  for  his  services  a  salary  of  three  thousand  dollars  per 
annum. 

Approved  March  15,  1861. 


Mivrch  15, 1S61. 


CnAP    XLIX. — An  Art  vesting  certain  Powers  in  the  Postmaster  General. 


The  Postmaster      The  Coiigrcss  of  the  Confederate  Statcsof  America  do  enact,  That 
Ocnerai    nuthori/.ed  j^,  j.jjg  event  of  a  discontinuance  of  the  postal  service  in   any   of  the 

tn   reneCT,  provision-  •     i  i  i  /•       i 

ally,  the  contracts  Confederate  States,  as  now  carried  on  by  the  government  of  the 
"»f'8''cr''vice\'8Vow  United  States,  before  the  Postmaster  General  of  this  Confederacy 
P'^rformed,  and  to  shall  have  prepared  the  new  service,  under  the  provisions  of  the  act 
jioVt'in'^aaters  and  already  pa.ssed  by  this  Congress,  it  shall  be  lawful  for  the  said  Post- 
•iiier<jfficer*.  master  General  to  renew,  provisionally,  the  contracts  under  which  the 

.service  is  now  performed,  and  to  continue  in  ofiice  the  several  post- 
masters and  other  officers  now  employed  in  such  postal  service,  until 
he  is  prepared  to  replace  said  service  and  said  officers  by  new  con- 
tracts and  appointments. 
And  to  sdveriise  ^'^^c.  2.  That  the  Postmaster  General,  at  a  time  to  be  fixed  by  him, 
and  enta-  into  con-  js  hereby  authorized  to  advertise  and  enter  into  contracts  for  carrying 

tracts  for    carryiiis  ,i  -i-iij  i-i  x-i  i  •.  ii  i'l 

ihi!  mall.  the  mail  with  due  celerity,  certainty  and  security,  on  the  post  routes 

within  the  Confederate  Slates,  other  than  railroads  and  steamboats,  in 
accordance  with  the  acts  passed  by  this  Congress. 
oonTerancc  of      Sec.  3.  That  after  such  contracts  shall   have   been  entered  into,  on 

K.aiia,  except  by  his  a^j  after  a  day  to  be  designated  by  the  proclamation  of  the  Postmaster 
General,  all  conveyance  ot  mails  within  the  limits  oi  the  Coniederate 
States,  except  by  authority  of  the  Postmaster  General,  is  hereby  pro- 
hibited. 


rPtOVISIONAL  CO^^GRESS.     Sess.  I.     Ch.  50.     18G1.  ^l 

Sec.  4.  Be  it  further  enacted,  That    the  Po.>^tmaster  General  have     To  issue  circular  in- 
power  to   issue   circular  instructions   to  the  several    postmasters  and  t^rs  ami  other  officers 
other  officers    still    performino;  service   under  the   appointment  of  the  rtrfonning  service 
United  States,  in  order  to  enforce  the  rendition  ol  the  proper  accounts  mcntof  ti.eu.  s. 
and   payment  of  the   moneys   collected    by   them    per  account  of  the 
United   States,  until  the  Po.s'ma.-ter  General  shall   have  issued  his  pro- 
clamation announcing;  that  the  former  service   i.s  discontinued   and   is 
replaced  by   the  new   service  organized   under  the  authority  of  this 
g:)vernment. 

Sec.  5.  That  it  shall  be  lawful  for  the  Postmaster  General  to  allow     Mn.v  .-uiow  c:^preF« 
express   and  other   chartered    companies  to  carry  letters  and  all   mail  ".'^nip;;''',^,^  ',o'^''carry 
matter  of  every  description,  whether  the  same  be  enclosed  in  stamped  i.uers and  other  mail 
envelopes  or  pre-paid  by  ^tamps   or  money;   but  if  the   same   be   pre-  '""* 
paid  in  money,  the  money  shall  be  paid  to  some  postmaster,  who  shall 
stamp  the  same  paid,  and  shall  account  to  the   Po.>t-Oiiice  Department 
for  the  same,  in  the  same  manner  as  for  letters  sent  bv  the  mail;   but     Ri^puiations  con- 

•/•  -III  4i  .1  i\  "'  •■_  cpr;iii!s  the  pr»-pay- 

if  prepaid  by  stamps,  then  the  express  or  other  company  recen  ing  n,^.,,^  ^f  po.<ltape  on 
such  letters  for  delivery  shall  obliterate  such  stamps,  under  the  penalty  i--'^  ••'•".  .«'•■.  si^^"'  ^'y 
of  five  hundred  dollars  for  each  failure,  to  be  recovered  by  action  ot 
debt  in  any  court  having  jurisdiction  thereof,  in  the  name  of  the  Post- 
master General,  for  the  use  of  the  Confederate  Slates;  but  if  said 
letters  or  mail  matter  shall  be  received  by  such  express  or  other  com- 
pany, not  for  delivery,  but  to  be  mailed,  then  the  matter  so  carried 
shall  be  pre-paid  at  the  same  rate  that  the  existing  law  requires  it  to 
be  paid  from  the  point  where  it  may  be  received  by  such  company  to 
the  point  of  its  destination,  and  the  postmaster,  where  such  company 
may  mail  the  same,  shall  deface  the  stamps  upon  the  same. 

Sec.  6.  Be  it  further  erutcted,  That  each  agent  of  any  company  who  Oaih  rcquireri  of 
may  carry  letters  under  the  provisions  of  this  act,  shall  be  required  to  "*"''"  '^  •■^•■on'paEy. 
take  an  oath  that  he  will  faithfully  comply  with  the  law  of  tlie  Con- 
federate States  relating  to  the  carrying  of  letters  or  other  mail  matter 
and  obliterating  postage  stamps,  which  oath  may  be  administered  by 
an}'  justice  of  the  peace,  and  shall  be  in  writing,  and  signed  by 
such  agent  or  messenger,  and  filed  in  the  Post-Office  Department. 

Approved  March  15,  1861. 


CnAP.  li. — An  Act  to  amend  the  Lcir^  rda'ice  to  thr.  Compensation  rf  the  Attorn'vs  of  the       jr-irth  10,  T?BI. 

Ciiiifidtrate  Slates.  


The  Cons;rFss  of  the  Confederate  States  of  Ajncrica  doniact,  Ihat  FecRaiiowed  aitor- 
m  addition  to  the  compensation  nov»'  allowed  by  law  to  tlie  attorneys 
of  the  Confederate  States,  there  shall  be  hereafter  allowed  to  them  for 
their  services  to  the  Confederate  States  the  following  fees:  For  draft- 
ing the  declaralion  writ,  information  or  other  pleadings  necessary  to 
bring  the  cause  to  an  issue,  ten  dollars  ;  for  arguing  questions  of  law 
arising  on  the  pleadings  or  demurrer,  ten  dollars — but  not  more  than 
one  such  fee  shall  be  allowed  in  any  cause;  for  drawing  indictments 
on  criminal  inlormations,  five  dullars  ;  for  collecting  and  paying  over 
to  the  Confederate  States,  moneys,  a  commission  of  one  per  cent,  on 
the  amount  collected  and  paid,  whether  the  same  have  been  collected 
on  execution  or  otherwise  ;  for  attendance  on  a  reference  from  the 
court  to  a  master  or  commissioner,  five  dollars  a  day  ;  for  examining  a 
land  title  and  written  opinion  thereon,  twenty  dollars;  for  making  ab- 
stract of  title  when  required,  twenty  dollars  ;  for  examining  and  making 
report  on  any  question  or  subject,  when  thereto  required  by  Ihc  Presi- 


68 


PROVISIONAL  CONGRESS.   Sess.I.  Cn.  51,52,53.  1861. 


When  act  takes  ef- 
fect. 


dent  or  any  head  of  department,  thirty  dollars;  fcr  services  in  any 
suit  in  a  State  court  in  which  it  may  be  necessary  tc  appear  in  behalf 
of  the  Confederate  States,  twenty  dollars  ;  for  services  in  any  case 
arisino;  under  the  extradition  treaties  of  the  Confederate  States,  twenty- 
five  dollars. 

Sec.   2.  Be  it  further  enacted,  That  this  act   take  effect  and  be  in 
force  from  and  after  the  passage  thereof. 

Approved  March  15,  1861. 


March  15, 1861. 


CuAP.   LI. — An  Act  making  approprialtans  for   thf.   Cuftntn-H'ouses   at  New    Orleans,  and 
Charleston,  and  for  other  purposes. 


Appropriation.  The  CoTigrcss  of  the  Confederate  States  of  America  do  enact.  That 

the  following  sums  be  and  they  are  hereby  appropriated  for  the  objects 
hereafter  expressed,  for  the  year  ending  February  the  fourth,  eighteen 
hundred  and  sixty-two: 

For  CustomHouse,  Custom-House,  Charleston,  South  Carolina. — For  preserving  un- 
finished work  upon  the  Charleston  custom-house,  the  sum  of  five 
thous;>nd  dollars. 

For  custora-iiouse,  Custoin-House,  JVew  Orleans. — For  roof,  and  preserving  unfinished 
work  upon  the  custom-house  at  New^Orleans,  the  sum  often  thousand 
dollars.  For  fitting  up  suitable  rooms  for  the  accommodation  of  the 
courts,  and  clerk's  office  at  New  Orleans,  the  sum  of  fifteen  thousand 
dollars. 

Approved  March  15,  1861. 


•t  Charleston. 


4t  New  Orleans. 


March  15,  1861. 


Bureau   of   Indian 
kffairs,  eiitabllshed. 


Commissioner  of  In- 
dian allaird  and  clerk. 


Their  ealariCB. 


Chap.  LIL— An  Act  to  establish  the  Bureau  of  Indian  Affairs. 

The  Congress  of  the  Confederate  States  of  America  do  enact,  That 
an  additional  bureau  in  the  War  Department  be  and  the  same  is  hereby 
established,  to  be  known  as  the  Bureau  of  Indian  Afiairs,  and  charged 
with  the  management  of  our  relations  with  the  Indian  tribes. 

Sec.  2.  Be  it  further  enacted,  That  the  President,  by  and  with  the 
advice  and  consent  of  the  Congiess,  may  appoint  a  Commissioner  of 
Indian  Affairs  and  one  clerk,  to  take  charge  of  the  business  of  the 
bureau  hereby  established,  the  salary  of  the  commissioner  to  be 
twenty-five  hundred  dollars  per  annum,  and  the  salary  of  the  clerk 
fifteen  hundred  dollars  per  annum. 

Approved  March  15,  1861. 


March  l."),  1861.        Chap.  LIII. — An  Act  to  exempt  from  Ditty  certain  articles  of  Merchandise  therein  named. 


U.  B.— remitted. 


The  duty  on  com-      The  Cou^rcss  of  the  Confederate  States  of  America  do  enact.  That 

modities  bona  fide  , ,       ,,  ,  /•     ■       m  •     i  i  "; i       •       j  i  j    i 

purdinse.i  or  con-  the  Secretary  of  the  Ireasuiy  is  hereby  authorized  and  empowered  to 
fore' the"'isth*'ii'Jb  '■^'^'^  ^^^  ^"^J  '"  ^"  ^ascs  vvherc  commodities  were  bona  fide  pm- 
i8Gj,  within  tiie  late  chascd  or  Contracted  for  on  or  before  the  18th  day  of  February  last, 
vrithin  the  late  United  States,  where  the  importer  has  not  been  able  to 
comply  with  the  provisions  of  the  act  to  define  more  accurately  the  ex- 
emption of  certain  goods  from  duty,  which  required  that  the  goods, 
■wares  and  merchandise  should  have  been  actually  laden  on  board  of 
the  exporting  vessel  or  conveyance  destined  for  any  port  in  this  Con- 


PROVISIONAL  CONGRESS.     Sess.  I.     Ch.  54,  55.     U  61.  tl 

federacy  on  or  before  the  fifteenth  day  of  March  in  the  present  year  : 
Provided,  Such  testimony  is  furnished  the   Secretary  of  the  Treasury  Proviso. 

by  the  importer  that  it  was  impossible  to  comply  with  the  provisions 
o?  said  act,  and  also  the  demand  and  collection  of  said  duty  has 
operated  injuriously  to  him  or  them  beyond  the  commercial  effect  upon 
articles  of  consumption  by  the  imposition  of  duties. 

Sec.  2.  Jlnd  be  it  further  enacted,  That   all  books,  pamphlets  and     Pooks,  etc.,   pnb- 
tracts  and  other  publications  printed  and  published  by  any  church  or  ^ofh^wJcMxnso^lly, 


tablished   to  the   satisfaction  of  the  Secretary  of  the  Treasury    in  'a 
manner  to  be  prescribed  by  him.  ' 

Approved  March  15,  1861. 


CUAP.  LIV.-.4„  Aa  to  fi,  the  Duties  on  ArticUs  t!urnn  „a:ned.  ■  „,,,h  ,5,  jg,,. 


Th(^  [Congress  of  the]  Confederate  States  of  A7nerica  do  enact   That    a"  vMoren,  Hut, 
an  ad  valorem  doty  of  fifteen  per  cent,  shall  be  imposed  on  the  follow-  IXilf  JpUdV*" 
mg  named   a.l.cles  imported  trom  abroad  into  the  Confederate  States 
0    America,  m  lieu  of  the  duties  now  imposed  bv  law,  to  wit:    Coal 
cheese,  iron  in  blooms,  pigs,  bars,  bolts  and  slabs;  and  on  all  iron  in  a 
less   manufactured  .state;   also  on  railroad   nils,  spikes,  fishin- plates 
and  chairs  used  ,n  the  construction  of  railroads;  paper  of  all  sorts  and 
all  manufactures  of;   wood,  unmanufactured,  of  all  .orts. 

Approved  March  15,  iSGi, 


Chap.  LY.—An  Act  making  appropriations  /„,.  ,■ 

fourth  Rbruari,,  eig/iteen  •.,„',''^T''!^'r''''"   ^'"^'V  M  the  ytar  ending       March  15, 18«1. 

'nana  and  stxty-two.  

The  Congress  of  the  Confederate  States  [of  America]  u^  c. ....-, 
the  following  sums  be  and  the  same  are  hereby  appropriated  for  the  ob-  emifng  the  4th  Feb.. 
jects  hereinafter  expressed,  for  the  year  ending  the  fourth  day  of  Feb-  ^^*''- 
ruary,  one  thousand  eigf:t  hundred  and  sixty-two,  namely  : 

1st.  For  the  pay  of  ofhcers  of  the  navy  on  duty  and  off  duty,  based     For  officers  on  doty 
upon   the  presumption  that   ail   the   giades   authorized    by   the  act  of  ""' °     "  ^' 
eighteen  hundred  and  sixty-one  will  be  filled,  one  hundred  and  thirty- 
one  thousand  seven  hundred  and  fifty  dollars. 

2d.  For  the  pay  of   officers,   non-commissioned   officers,  musicians    For  narine  corp«. 
and  privates  of  the  marine  corps,  one   hundred  and  seventy-five  thou- 
sand five  hundred  and  twelve  dollars. 

3d.  For  provisions  and  clothing  and  contingencies  in  paymaster's  For pr^yisiong  and 
depirtment,  one  hundred  and  thirty-three  thousand  eight  hundred  and  p,^,Vi'"g^  in"  pnyma"- 

sixty  dollars.  ter'a  department. 

4th.  For  the  pay  of  warrant  and  petty  officers,  and  of  five  hundred  For  warrant  and 
seamen,  ordinary  seamen,  landsmen  and  boys,  and  engineer's  depart-  f^Jn^  gtc^'^and  enjtl" 
ment,  one  hundred  and  sixty-eight  thousand  dollars.  neer's  dejartment. 

5th.  For  expenditures  which  will  be  required  for  coal  for  the  use  of  F.Tcoai  for  steam- 
steamers,  two  hundred  and  thirty-five  thousand  dollars.  '"■ 

Gth.   For  the  probable  cost  of  ten  steam  gunboats  for  coast  defences     For   Btcam   gnn- 
of  the  Confederate  States,  to  be   built   or  purchased,  as   may  be  most  **"*'"' 
convenient,  one  million  one  hundred  thousand  dollars. 


70  rnOVISIONAL  CO^'GRESS.  Sess.I.  Cn.  56,  57,  58.   1861. 


Kor  steam  sloop      7th.   For  the  probable  co.>;t  of  completing  and  equipping  the  steam 
y^^on.  sloop  Fultou,  now  at  the  Pensacola  navy  varcJ,  tweuty-five  thoui^and 

dollars. 
For  pay  of  oflicirs      8th.  For  thc  pay  of  officers  and  others  at  the  navy  yard,  Pensacola, 
«ndoiiH.i8atti.eNa-  fjfty.four  thousauil  three  hundred  and  sixlv-tluee  dollars. 

For  okrk«  .it  the      9th.  For  Compensation  of  four  clerks   on  duty  at  the  Navy  Doparl- 
Nivy  Depaitment..     pient,  as  per  act  of  eleventh  of  March,  at  fifteen  hundred  dollars  each, 
six  thousand  dollars. 

Approved  Ma'"''  ^-^i  l"-"!- 


March  1.5,  isr.l .  Cn.r.  LVI  _.4u  Act  to  autnorhc  the  transit  of  3Icrc?,and!se  thron.h  tJu  Confederate  Stata. 


Merchandise  >  m  -       The  Congvcss  of  the  Covfeikrute  States  of  America  do  enact,  That 

K'dTaCVrHn^;  coods,   warcs   aud   merchandise    imported    from    any   fure.gn   country 

thr:ugM';r;c.s.Vee  j^to  ^be  Confederate  States,  destined    for  a/,y  foreign  country    ma> 

•''"'"•  be  entered  and   have   transit  through   the  Confederate   States   free  ot 

dutv,  subject  to  such  regulations  as  the  Secretary  ot  the  Treasury  from 

lime  to  lime  shall  make  ;   and  the  said  Secretary  of  Treasury  shall  have 

power  to   make  such  regulations  as   he  may  deem  expedient   lor  the 

caiev  of  the  revenue  and  for  the  public  convenience,  which  regu  ations 

may  be  enforced  in  the  manner  prescribed  bj  law  as  to  other  regulations 

in  relation  to  the  revenue. 

Appkoved  March  15,  1861. 


March  !.'>,  V^CA. 


C.iAP.  h\n.-An  Ad  to  repfnl  the  Third  Section  of    Anjr  J^^„ 

mudilies  therein  named,  andj"'  "        ^     -f 

™,     ^  r  jj  „  ri,,^f.,jprnfr  Stat(s  of  America  do  enact,  That 

The  Congress  of  the  Lovjcaeiait  ut^r     j  •  u .        u 

\        X-         r        „,.♦  r^o«<;pd   FebfLiary  eighteenth,  eighteen  hun- 

nica..i.  .ji  x^-  ,.     \h\rA  section  ot    9n  act  passtu   i  <■•'         jo  ■  .   • 

1801, exempting  cer-  ttic  miiQ  scLiiuii  ui    .^ii  «  ^   .     ^^t  to  exempt  from  duty  certain  com- 

taiii   comiiioilities  A,-p,\  and  SIXtV-One,   enlltleu        n.\\  ■  r  1   ji  . • 

from  duty,  repeakd.  f^'^a  ann  ^'^'J        '  ^,,,j    jor  other  purposes,-'  be  and  the  same  is 

modifies  theiein  nam-^^   c,.  la.l/r  laws   shall   apply  to  the  State  of 
,..  her.QjjVijigYf^'-fiig  j].,{p  qC  i^g,.  admission  into  this  Confederacy  in  the  same 
manner  as  the  same  ap{)ly  to  the  other  State.:. 
Approved  March  15,  1S61. 


The  "(1   section   of 
he  act  I 
801,  exi 
tain   c 


Ma!-oh  IC,  ISRI.  Chap.  LVIII.— .-l;!  Act.  to  provide  for  liie  Orgnnizalion  of  the  Xavy. 

The  President  au-  "^^^^  Congrcss  of  the  Confederate  States  of  America  do  enact.  That 
thor.zed  to  appoint  (.he  President  be  authorized  to  appoint,  in  the  manner  prescribed  by 
ofthuKavy,  law,  the   following   commissioned  officers  of   the  navy,  viz  :  four  cap- 

tains, four  coiumanders,  thirty  lieutenant?,  five  surgeons,  five  assistant 
surgeons,  six  paymasters  and  two  chief  engineers,  and  to  employ  as 
many  masters,   niidshii)ii:eu,   engineers,  naval    constructors,  boatswains, 

(ind  to  employ  inas-  •'  ,  'i        i  t      ,\  .  ^         ^.         rr  j 

tera,    midshipmen,  guuncrs,  carpcntcrs,  sailuiakers  and  other  warrant  and  petty  officers  and 
***•  seamen  as  he  may  deem  necessary,  not  to  exceed  in  the  aggregate  three 

thousand. 
naraiVflvlr^-''^  "^      ^^-^-  ^-  '^^'''  annual  pay  of  said  ofhcers  shall  be  as  follows,  viz  : 
ofCaptains;  [^dqituins.] — Capfaiiis,  when  commanding  squadrons,  five  thousand 

dollars. 

All  other  captains  on  duty  at  sea,  four  thousand  two  hundred  dollars. 
On  other  dutj,  three  thousand  six  hundred  dollars. 


PROVISIONAL  CONGRESS.     Sess.  I.     Cii.  58.     1861 


When  on  leave  or  waiting  orders,  three  thousand  dollars. 

Commanders. — Every  connmander  on  duty   at  sea,  for   the  first  five     of  Commandei 
years  after  the  date  of  his  commission,  tvro  thousand  eijht  hundred  and 
twcntj'-five  dollars. 

For  the  second  five  years   after  the  date  of  his  commission,  three 
thousand  one  hundred  and  fifty  dollars. 

Every  commander  on  other  duty,  for  the  first  five  years  after  the  date 
of  his  commis.sion,  two  thousand  six  hundred  and  sixty-two  dollars. 

For  the  second  five  years  af:er  the  date  of  his  commission,  two  thou- 
sand eight  hundred  and  twenty-five  dollars. 

All  other  commanders,  two  thousand  two  hundred  and   fifty   dollars. 
Lieutenants  commanding  at  sea,  two  thousand  five  hundred  and  fifty 
dollars. 

Lieufemnts.—Eycry  lieutenant  on   duty  at  sea,  one   thousand  five     of  Lieutenant., 
liuiidred  dollars. 

After  he  shall   have   seen  seven  years'  sea  service  in  the  navy^  one 
thousand  seven  hundred  dollars. 

After  he  shall  have  seen  nine  years'  sea  service,  one   thousand   nine 
hundred  dollars. 

After  he  shall  have  seen  eleven  years'  sea  service,  two  thousand  one 
Ijundred  dollars. 

After  he  shall   have  seen  thirteen  3'ears'  sea  service,  two  thousand 
two  hundred  and  fifty  dollars. 

Every  lieutenant  on  other  duty  shall  receive  one  thousand  five  hun- 
dred dollars. 

After  ho  shall  have  seen  seven  years'   sea  service  in  the  navy,  one 
thousand  six  hundred  dollars. 

After  he  shall  have  seen  nine  years'  sea  service,  one  thousand  seven 
hundred  dollars. 

_  After  he  shall  have   seen   eleven  years'  sea  service,  one   thousand 
eigiit  hundred  dollars. 
^  After   he  shall   have  seen  thirteen  years'  sea  service,  one  thousand 
eight  hundred  and  seventy-five  dollars. 

Every    lieutenant   on    leave   or   waiting  orders,  one  thousand   two 
hundred  dollars. 

After  he  shall  have  seen  seven  years'  sea  service  in  the  navy,  one 
thousand  two  hundred  and  sixty-six  dollars. 

After  he  shall  have  seen  nine  years'  sea  service,  one  thousand  three 
hundred  and  thirty-three  dollars. 

After  he  shall   have   seen  eleven  years'   sea  service,  one  thousand 
four  hundred  dollars. 

Aftei    he   shall  have   seen  thirteen  years'  sea  service,  one  thousand 
four  hundred  and  fifty  dollars. 

Masters. — Every/nastcr  in  the  line  of  promotion,  when  on   duty  as     of  Musters; 
such  at  sea,  one  thousand  two  hundred  dollars. 

When  on  other  duty,  one  thousand  one  hundred  dollars. 
jjWhen   on  leave   or  waiting  orders,  eight  hundred  and  twenty-five 

dollars."'^^^'^- — J'^very   midshipman    at  sea,   five    hundred    and    fifty     of Mid^hipmei.; 

When  on  .,        ,  - 

When  on  lea^.'"  ""'•^'' .  .  ^  hundred  dollars. 

Surgeons. Ever  ^^'^'^^"S  orders,  four  hundred  and  fifty  dollars. 

after  the  date  of  his"' coil""*:^"   ^"^  ^"^-^   ^^  sea,  for  the   first  five  years 


dollars. 

For  the 
geon,  two  thousand  four  hundre 


Mssion  as  surgeon,  two  thousand  two  hundred 


of  Surgeons; 


second   five  years  n,     .,       ,  .      ^  ,  . 
^r^,,..^A  f„.,..  I i.'ter  the  date  of  his  co 


"^  dollars. 


mmission  as  sur- 


PROVISIONAL  CONGRESS.     Sess.  I.     Ch.  58,     1861. 


of   Assisstant  Sur^ 
Ceons ; 


of  PayaiasterB ; 


For  the  third  five  years  after  the  date  of  his  commission  as  surgeon, 
two  thousand  six  hundred  dolhtrs. 

For  the  fourth  five  years  after  the  date  of  his  commission  as  surgeon, 
two  thousand  eight  hundred  dollars. 

For  twenty  years'  service  and  upwards,  after  the  date  of  his  com- 
mission  as  surgeon,  three  thousand   dollars. 

Fleet  surgeons,  three  thousand  three  hundred  dollars. 

Every  surgeon  on  other  duty,  for  the  first  five  years  after  the  date  of 
his  commission  as  surgeon,  two  thousand  dollars. 

For  the  second  five  years  after  the  uate  of  his  commission  as  sur- 
geon, two  thousand  two  hundred  dollars. 

For  the  third  five  years  after  the  date  of  his  commission  as  surgeon, 
two  thousand  four  hundred  dollars. 

For  the  fourth  five  years  alter  the  date  of  his  commission  as  surgeon, 
two  thousand  six  hundred   dollars. 

For  twenty  years'  service  after  the  date  of  his  commission  as  sur- 
geon, two  thousand  eight  hundred  dollars. 

Every  surgeon  on  leave  or  waiting  orders,  for  the  first  five  years 
after  the  date  of  hks  commission  as  surgeon,  one  thousand  sis  hundred 
dollars. 

For  the  second  five  years  after  the  date  of  his  commission  as  sur- 
geon, one  thousand  eight  hundred  dollars. 

For  the  third  five  years  after  the  date  of  his  commission  as  surgeon, 
one  thousand  nine  hundred  dollars. 

For  the  fourth  five  years  after  the  date  of  his  commission  as  surgeon, 
two  thousand  one  hundred  dollars. 

For  twenty  years'  service  and  upwards,  after  the  date  of  his  com- 
mission as  surueon,  two  thousand  three  hundred  dollars. 

Assistant  Surgeons. — Every  assistant  surgeon  on  duty  at  sea,  one 
thousand  two  hundred  and  fifty  dollars. 

When  on  other  duty,  one  thousand  and  fifty  dollars. 

When  on  leave  or  waiting  orders,  eight  hundred  dollars. 

Paymasters. — Every  pny master  on  duty  at  sea,  for  the  first  fiveyeari 
after  the  date  of  his  commission,  two  thousand  dollars. 

For  the  second  five  years  after  the  date  of  his  commission,  two 
thousand  four  hundred  dollars. 

For  the  third  five  years  after  the  date  of  his  commission,  two  thou- 
sand six  hundred  dollars. 

For  the  fojrlh  five  years  after  the  date  of  his  commission,  two 
thousand  nine  hundred  dollars. 

For  twenty  years  and  upwards  after  the  date  of  his  commission, 
three  thousand  one  hundred  dollars. 

Every  paymaster  on  other  duty,  for  the  first  five  years  after  the 
date  of  his  commission,  one  thousand  eijiht  hundred  dollars 

For  the  second  five  years  after  the  date  of  his  commission,  two 
thousand  one  hundred  dollars. 

For  the  third  five  years  after  the  date  of  his  commission,  two  thou- 
sand four  hundred  dollars  ^^^^ 

For   the   fourth   five  years  after  the  date  of  his   commissio- 
thousand  six  hundred  dollars.  I^jg  ^om- 

For  twenty  years'  f-ervice   and   upwards,  after  tlie  date 

mission,  two  thousand  eight  hundred  dollars.  „   n^^L  /?,._  ,.„„ra 

T,  ,  ,  -  •-•  J  r       lie    nrsi  uve  jeaia 

Every  paymaster  on  leave  or  waitmg  orders,  fo-  hundred  dollars. 

after  the  date  of  his  commission,  one  thousand/ 

For  the  second   five  years   after  the  d- 

thousand  six  hundred  dollars.  ^  ,  .       ^^^-.c^-.f^r, 

T?     41     iu-  J  c  fi      iu    j-e  of  his   commission, 

for  the  thud  five  years  after  the  d 

sand  eight  hundred  dollars. 


of  his   commission,  one 
one  thou- 


PROVISIONAL  CONGRESS.     Sess.  I.     Ch.  58.     1861, 


7a 


For  the  fourth  five  years  after  the  date  of  his  commission,  two  thou- 
sand dollars. 

For   twenty  years'  service  and  upwards  after  the  date  of  his  com- 
mission, two  thousand  two  hundred  and  fifty  dollars. 

Engineers. — Every  chief  engineer  on  duty,  for  the  first  five  years 
after  the  date  of  his  commission,  one  thousand  eijht  hundred  dollars. 
For  the   second  five  years   after  the  date   of  his  commission,  two 
thousand  two  hundred  dollars. 

For  the   third  five  years  after   the   date  of   his    commission,  two 
thousand  four  hundred  and  fifty  dollars. 

After  fifteen  years  after  the  date  of  his  commission,  two  thousand 
fix  hundred  dollars. 

Every  chief  engineer  on  leave    or  waiting  orders,  for  the  first  five 
years  atter  the  date  of  his  commission,  one  thousand  two  hundred  dollars. 
For  the  second   five  years  after  the  date    of   his  commission,  one 
thousand  three  hundred  dollars. 

For  the  third  five  years  after  the  date  of  his  commission,  one  thou- 
sand four  hundred  dollars. 

After  fifteen  years'   service   after  the  date  of  his  commission,  one 
thousand  five  l)undred  dollars. 

Every  first  assistant  engineer,  on  duty,  one  thousand  two  hundred 
and  fifty  dollars. 

When  on  leave  or  waiting  orders,  nine  hundred  dollars. 
Every  second  assistant  engineer  on  duty,  one  thousand  dollarp. 
When  on  leave  or  waiting  orders,  seven  hundred  and  fifty  dollars. 
Every  third  assistant  engmeer  on  duty,  seven  hundred  and  fifty  dollars. 
When  on  leave  or  waiting  orders,  six  hundred  dollars. 
Warrant    Offiers. — Ever}'    boatswain,  gunner,  carpenter    and    P-^c? 
maker  on   duty  at  sea,  for  the  first  three  years'  sea  service  - ' 
date  of  his  warrant,  one  thousand  dollars.  ^i  his  warrant, 

For  the  second  three  years'  sea  service  after  th'' 
one  thousand  one  hundred  and  fifty  dollars-i  the  date  of  his  warrant, 

For  the  third  three  years'  sea  serviriars. 
one  thrusam   two  hundred  and  P.-i'ervice  after  the  date  of  his  warrant, 

For  the  fourth  three  yeajc  and  filly  dollars, 
oi^e  thou-and  three  Iva  service  and  upwards,  one   thousand  four  hun- 

For  twelve  vniars. 
dred  and^/J 'other  duty: 

W  the  first  three  years  of  sea  service  atter  the  date  of  warrant, 
eight  hundred  dollars. 

For  tlie  second  three  years'  sea  service  after  the  date   of  his  war- 
rant, nine  hundred  dollars. 

For  the  third  three  years  of  sea  service  after  the  date  of  his  warrant, 
one  thousand  dollars. 

For  the  fourth  three  years'  sea  service  after  the  date  of  his  warrant, 
one  thousand  one   hundred  dollars. 

For  twelve  years'  sea  service  and  upwards.,  one    thousand  two  hun- 
dred dollars. 

When  on  leave  or  waiting  orders : 

Foi-  the  first  three  years  sea  service   after  the    date  of  his  warrant, 
six  hundred  dollars. 

For  the  second  three  years'  sea  service  after  the  date  of  his  warrant, 
seven  hundred  dollars. 

For  the  tfiird  three  years'  eea  service  after  the   date  of  his  warrant, 
eight  hundred  dollars. 

For  ihe  fourth  three  years'  sea  service  after  the  date  of  his  warrant, 
nine  hundred  dollars. 


of  logiDceri: 


.  arrknt  Officer*. 


71  PROA^SIONAL  CONGRESS.     Sess.  I.     Cii.  5?.     1861 

For  twelve  years'  sea  service  anJ  upwards,  one  thousand  dollars. 

Commi's'onci  offi-      And  be  it  further  enacted,  That   the   commi>sioned   odiccrs   hcrein- 

^'^dari^g'^rccrja" of  before  provided  for,  and    who  shall  not   be  nominated   before  the  ad- 

congress.  joumment  of  Congress,  may  be  appointed  by  the  President  during  the 

recess,  to  hold  their  commissions  until  the  next  session  of  Congress. 

Ungth  of  s^vi'-e      g^c  3,  \^  Computing  the  lenjjth  of  service  of  such  officers  as  were 

of  O.  8.  n.ival  nfticers      ,,11.1  '  P    \        tt     ■        \    m  1  ii 

rec-ivt-a  into  the  sir-  attached  to  the  navy  ot  the  United  States,  but  who  have  resigned,  and 
cimputid!^ ''' ^''"" '^^^'®   ^*^*^"  °^  maybe  received  into"  the  service  of  the   Confederate 

States,  th  i  ■  period  of  service   in   the  navy  of  the  United  States  shall 
Soaservice.d.niiod.  be  included  ;  and   no  service  shall  be  regarded   as  sea  service  in  the 

purview  of  said  act  but  such  as  shall  actually  be  performed  at  sea,  and 

in  vessels  employed  by  authority  of  law. 
Pay  of  Beamen  to      Sec.  4.  The  pav  of  seamen  of  the  navy  shall  be  determined  by  the 

b'  dt-tcrmincd  oy  the  r>-i  11  ^     \        \  •        1  •  •  • 

PicsiUcnt.  rresident,  and  may  be   altered   by  him  irom   time  to  time   as  circum- 

stances may  require. 
Co-ps  of  mnrines.      g^c.  5.  There  shall  be  a  corps  of  marines,  to  consist  of  one  major, 

Thsir  pay  and  a'low-  ,  ;  ^■     ,       ,  ,  • 

taoes.  one  quartermaster,  one  paymaster,  one   adjutant,  one  seigeant  major,^ 

one  quarternjaster  sergeant,  and  six  companies,  each  company  to  consist 
of  one  captain,  one  first  and  one   second  lieutenant,   four  sergeants, 
four  corporals,  one  hundred  men  and  two  musicians;  and  the  pay  and 
allowances  of  the  otTicers  and  enlisted  men  shall  be  the  same  as   that 
of  the  officers  and  enlisted  men  of  like   grade  in  the  infantry  of  the 
army,  except  that  the  ration  of  the  enliited  marines  shall  be  the  ration 
allowed  by  law  to  seamen. 
21,!;!^'^"' Depar't-      ^EC.  6.  The  following  officers  shall  be  attached  to  the  Navy  Dcpart- 
■  "ir  ment,  to  wit:  An  officer,  not  below^  the  grade  of  commander,  who  shall 
Si-oharged  with   the  purchase  or  preparation  of  ordnance,   ordnance 
such  o«f]  supplies  and  equipments,  and  with   hydrograph}',  and   with 
assign  to  him-ps  as  the  Secretary  of  the  Navy  may  from   time  to  time 
signaled  as  the  otnd^cer  not  below  the  grade  of  lieutenant,  to  be  de- 
of  the  Sjcretary  of  the  rrders  and  detail,  who  shall,  under  the  orders 
for  service,  and  who  shall  alsoprepare  and  issue  all  orders  and  details 
the  Navy,  have  charge  of  all  matlersthe  direction  of  the  Secretary  of 
martial  and  courts  of  enquiry,  and  with'tthings  connected  with  courts 
papers  thereunto  appertaining,  and  perform  sutndy  of  all  records  and 
to  the  personnel  of  the  navy,  as  the  secretary  may"^';   duties  relating 
direct ;  a  surgeon  or  an  assistant  surgeon,  who  shall,  undertime  to  time 
of  the  Secretary  of  the  Navy,   make  all  purchases  of  medicTiTeftion 
medical  supplies  for  the  navy,  and  perform  such  other  duties  appertaifl- 
ing  to  the  medical  department  as  the  secretary  may  from  time  to  time 
direct;  a  paymaster,  who  shall,  under  the  direction  of  the  Secretary  of 
the  Navy,  make  all  contracts  for  or  purchases  of  provisions,  clothing 
and   coal   for  the  use  of  the   navy,  and   perform   such   other  duties 
N^irtf"7porntone  ?^  ^^^  Secretary  may  direct.     The  Secretary  of  the  Navy  is  author- 
cierktoai'd  eachoffi- i^ed  to  appoint  One   clerk   to  aid  each  of  the  above  officers   in   the 
"*""■  His  salary.        discharge  of  his  duties,  whose  annual  salary  shall  not  exceed  fifteen 
hundred   dollars  each  ;  but  the  officers  therein   detailed  for  duty  shall 
receive  no  compensation  for  their  services  beyond  their  regular  jpay  as 
on  other  duly. 

qu?;ed''toTi'u  [he      ^^^'  ^-    }\   ^'^^'^  ^?^   ^'^^  ^^"^y  of  the   quartermaster  of  the  marine 

pjsts  of  the  marine  corps  to  visit  the  different  posts  where  portions  of  the  corps  may  be 

''"'^''^'  stationed,  as  often  as  may  be   necessary  for  the  proper  discharge  of 

his  duties. 

Reiruiations  for  the      Sec.  8.   It  shall  be  the  duty  of  the  Secretary  of  the  Navv  to  prepare 

government    of    per-  „„,i   .,.,1  i-    1  1    i-  c       n  1  /•      .•     "^         '        ' 

sonsinthoaavaiser-  3""  publisti  regulations  for  the  general  government  of  all  persons  con- 
^'"-  nected  with  or  employed  in  the  naval  service,  which  regulations  shall 


rnO VISIONAL  congress.  .  Ses3.  I.     Cn.  59,  60,  61.     1861.  75 

take   efTect  as  soon  as  thoy  shall  be  approved  by  the   President  and 
publitihed. 

Seo.  9.   All  laws  of  the  United   States   heretofore   enacted   for  the  J;Zlon[\n^ut\L 
srovernment  of  the  officers,   seamen   and   marines  of  the  nav}'-  of  the  this  act,  adopted. 
United  States,   that  are  not  inconsistent   with   the  provisions  of  this 
act,  are  hereby  adopted  and  applied  to  the   ofiicers,   seamen  and  ma- 
rines of  the  navy  of  the  Confederate  States. 

Sec.  10.  ThePrcsident  may  determine  the  relative  and  assimilated  fieeri^Mho  nary  tJ'- 
rank  which  officers  of  the  navy  shall  hold  toward  those  of  the  army,    ward   those  of  tL* 

•'  -^         anny. 

Approved  March  16,  1861. 


Cu.vr.   LIX— ^l»i  Act  .u  , 

'  '-'I't  Money  in  the  Coii/tdcrcite  Stales.         jiarfch  Ifi  ^S61 

The  Con^r^s  of  the  Confederate  States  of  yiniL, ..  __1_ — LJ — ; — 

a  duly  of  five  cents  per  ton,  to  be  denominated  "  Ligfit  iMontrf ,  That    l;  ,.i,  t  mon<y  oa 
be  levied  and  collected  on  all  ships  or  vessels  which,  after  the  first  day-'- '"i  or  vcsscU. 
of  May  next,  may  enter  the   seaports  of  the   Confederate  States  from 
any  seaport,  to  be  collected  in  the  manner  heretofore  provided  by  law 
as  to  tonnage  duties:  Provided,  ho'Vevcr,   That  on    all   vessels  trading        .  proviso, 
regularly  between  ports  of  the  Confederate  States,  the  said  duties  shall 
not  be  levied  and  collected  oftcner  than  once  in  every  three  months. 

Approved  March  16,  1861. 


Chap.  liX.—An  Act  authorizing  the  Prcsidnt  alone  to  make  certain  Appointments  March  16,  :S5t. 


The  Consress  of  the  Confederate  States  of  America  do  enact,  That .  Ap-ointmcnfof  in- 
during  the  recess  of  this   Congress  the    President  shall  hove  power  to  ummU  by  tUc  Prcsi- 
make  appointments  of  such  inferior  ollicers,  as  by  the  Constitution  of'*"'"  ■ 
tills  Provisional  Governmeat  the  Congress  has  authority  to  vest  in  him 
alone,  anything  in  any  law  heretofore  passed  to  the  contrary  notwith- 
standing. 

Approved  IMarch  18,  1S61. 


C'JAr.  I,xr.— ^rt  Act  to  exiallish  the   Jadlcial    Cowd  of  the  Confederate  States  of  America.  ^-y^  16,\Br,]. 

The  Congress  of  the  Confederate  States  of  America  do  enact,  That  _^  Annual  sogMon  of 
the  Supreme  Court  of  the  "Confederate  States  shall  hold  annually,  at  ""'^''^'"'- 
the  seat  of  government,  one  session,  commencing   the  first  Monday  of 
January,  and  continue  until  the  bu.-'iness  of  said  court  is  di-posed  of. 

Skc.  2.  That  each  of  the   Confederate   States   shall   constitute  one     District  Courts  or- 
district,  in  which  there   shall   be  a    court   called   a   District    Court,  to  ^'*j,',f,'^'^^,,,(,^^Pf,^jjj 
consist  of  one  judge,  who  shall  reside  m  the  state  for  which  he  is  ap-  their  saiaiics. 
pointed,  and  shall  receive  a  salary  equal  to  that  paid  to  a  judge  of  the 
court  of  the  highest  jurisdiction  in  the  state  where  he  resides,  payable 
quarterly. 

Sec.  3.  .^nd  be  it  further  enacted,  That  the  Supreme  Court  may,  by  g,,pi!^;;;"Tourt  umu 
any  one  or  more  of  its  judges   being  present,  be  adjourned  from  day  »  qiiorum  oe  con- 
to  day,  until  a  quorum   be   convened  ;  and   that  a  district  court,   in 
case  of  the  inability  of  the   iud^e   to  attend  at  the  commencement  of  „'*"''  ?^  nistriet 

!•  11  1  I     1       c     I  1-        •        r  1         Court,  111  case  of  in- 

a  session,  may  be  adjourned  by  the   marslial  of  the  district  from  day  abiuiy  of  Judge  to 

to  day  for  three  successive  days,  and  at  the  close  of  the  third  day  the  =^"''""^- 

same  shall  stand  adjourned  to  the  next  regular  term,  if  the  judge  do 

not  appear;  and  in  all  cases  o(  failure  to   hold  tho  court,  all  process,     jq  ^^^^  j,f  failure 


f$  PROVISIONAL  CONGRESS.    Sess.  I.    Ch.  61.     1861. 

to  hold  court,  pro-  pleadino'3  and  proceedings,  of  what  nature  soever,  pending  before  the 

eegf,  etc.,  to  be  c  on-  '     .  ,         "^  ^       i     ii  u  *•    .  ^  J     „r   „    ...  ,« 

tnued.  sa.d  court,  shall  be  continued,  of  course. 

Marshal  and  clerks      Sec.  4.  There  shall  be  a  marshal  and  one  or  more  clerks  appointed 

to  be  appQinted.        f^^  ^^^^   court— the   marshal  by   the   President  of   the    Confederate 

Stales,   and    the   clerks   by   the  judge  of  said   court — and  said  clerks 

shall  not  be  connected  with  the  said  judge  by  blood  or  marriage,  who 

8"''j==*'<""*'°°''=^'- shall  hold  thoir  oifi-^es  duiing   the   provisional   government,  subj-^ct  to 

removal  by  the  said  judge.     They  shall  each  take  the  oath  or  affirma- 

Oath  or  affirmation.  ^.^^  prt-.scribcd  in  the  constitution,  and  for  the  faithful  discharge  of  the 

Is  ^^^^^^  0^  tl^^'""   le^pective   offices.     They    shall    each   give   bond  with 

"    '     sureties,  to  be  approved   by   the  judge,    for  the  faithful    discharge  of 

their  respective  duties,  in  the   penalty   and  for  the  amount  which  mac* 

be  prescribed  by  the  judge  ;   but   that  of  the   marshal  -^  may  appoint 

Deputy  marshals,    ^j^^jj  ^^  j^^^  ^,^^^  twenty  thousand  WoUrj",  lor  whose   acts  he  and  his 

as  many  deputies  as  ^^'^^  '<"'r  his  own.  , 

sureties  sb'^'i-iiaH  be  the  duty  of  the  marshal  to  attend  the  court  when 

Duties  of  marshals,    -nrg  in  his  district ;   and   the    marshal  of  the    district   in   which  the 

•nd  their  d.D.'=       Supreme  Court  shall  be    held,    shall   attend   the  sessions  of  said  court. 

^^.^^  He  shall,  by  himself  or  his  deputy,  execute  throughout  his  district  all 

lawful  precepts  directed  to  him  and  issued    under  the  authority  of  the 

Posse comiiatus.     Confederate  States,  and  he  shall  have  power  to  command  z posse  comi' 

iatus  in  the  execution  of  his  duty. 

How  process  ti  be      Sec.  6.  ^^nd  be  it  further  enacfcd,  That   in   all   cases   in  which  the 

•h/iorhis  dJputy'u  marshal  or  his  deputy  shall  be  a  party,  the  writs  and  precepts  therein 

•  party.  shall  be  directed  to   some  disinterested  person,  to  be  appointed  by  the 

court  or  jidge  thereof,    and   such   person  is  hereby  authorised  to  exe- 

♦t•%"ma?s'h;fl!^^i'3  cute  and  return  the  same,     /indincase   of  the   death,   resignation   or 

deputy  to conjnue in  removal  of  any  mar.shal,  bis  deputy  or  deputies  shall  continue  in  office, 

unless  otherwise  removed,  and   shall  execute  the  same  in  the  name  of 

the   deceased,    resigned    or     removed    marshal,    until    another    mar- 

wisfeasance  in  of-  slial  shall  be  appointed  and  qualified  ;  and  the  defaults  or  misfeasances 

judged  aX'l'Jch^or '"  offico  of  sucl)  deputy  or  deputies,  in  the  meantime,   as   well   as   be- 

mardhai's  bond.         fore,  shall  be  adjudged  a  breach  ot  the  condition  of  the  bond  given  as 

before    directed,    by    the    maishal    who    appointed    them  ,    and    the 

executor    or    administrator   of    the    deceased    marshal    shall     have 

Remedy  of  execu-  like  remedy    for   the  defaults    and    misfeasances    in    office    of    such 

of'dtce'a8e'd'?nar'JhaT,  deputy     Or     deputies,     during     such      interval,     'as      the      marshal 

•gainst  his  deputy  for  vvould  be  entitled   to  if   he   had  continued   in   life,   or   in  office,  and 

misfeasance  m  office.  .  .  i-  y  •         •  t      a-  .  ■  i   i  •  ■    .    j         i 

in  the  exercise  of  his  said  office,  until  his  successor  was  appointed  and 
,.     ^  ,      ,.   J     qualified  ;   and  every  marshal  or  deputy,  when  removed  from  othce,  or 

Marshal  or  his  de-    >  ,  ,     '  .        "^   i  ■    i        i  i     i     •  •     ^     i      i      n  •  in 

putyto  executf  pro-  when  the  term  f'T  which  the  marshal  is  appointed  shall  expire,  snail 
term  of  court  a'f^ur  ^ave  power,  notwithstanding,  to  execute  ail  such  precepts  and  process 
his  removal  or  the  as  may  be  in  their  handfs]  respectively  at  tlie  time  of  such  removal  or 

expiraioaof  bisterm  •.•  r/r  -ii  a^i'^l  .  lii  li 

Of  office.  expiration  of  office,  until  the  next  term  ot  the  court  ;  and  llie  marshal 

,.  ,.,..     ,  shall  be  held  answerable  for  the  delivery  to  his  successor  of  all  prison- 

Lialulity   of  mar-  ,  .    .  i        •       i  •  i  •  r    i  •  i 

•hai  for  prisoners  in  ci's  wliicl)  may  be  in  his  custody  at  the  time  ot  Ins  removal  or  resig- 
his custody.  nation,  or  when  the  term  for  which    he    is  appointed  shall  expire,  and 

.  for  that  purpose  may  retain  such  prisoners  in  his  custody'  until  his  suc- 
cessor shall  be  appointed  and  qualified  as  the  law  directs  ;  or  he  may 
deliver  his  prisoners  to  the  keeper  of  one  of  the  jails  of  the  state  in 
■which  he  is  marshal,  in  cases  where  by  law  of  such  state  it  is  made  the  ' 
duly  of  jailors  to  receive  them. 
Writs  and  process.  Sec  7.  All  Writs  and  process,  either  mesne  or  final,  which  shall 
issue  from  the  Supreme  Court,  shall  bear  test  in  the  name  of  either  of 
Seals  of  the  courts,  the  judges  thereof;  and  all  issued  from  the  di.-trict  court  shall  bear 
test  of  the  judge  of   such  court,   and    shall   be  under  the  seal  of  the 


PROVISIONAL  CONGRESS.     Sess.  I.     Ch.  61.     1861.  77 

court  from  whence  they  issue,  and  be  signed  by  the  clerk  tlereof. 
The  seals  of  the  Supreme  and  district  courts  to  be  provided  by  the 
respective  judges  of  the  same. 

Sec  8.  The  judge  of  each  district  shall  appoint  the  times  and  places     Tine  and  place  of 
of  holding  the  courts  in  his  district,  and   whi-re,  under  the  laws  of  the  j^olfrw^    District 
United  Slates,  his  state  was  divided  into  tvvo  or  more  districts,  he  shall 
annually  hold   not   less   than   tvvo   terms  of  his  court  in  each  of  tliese     whpn    District 
districts,  as  they  existed  on  the  first  dav  of  November,  1860.       Hut  in  •^"'';-'.«  f,  ^''^'^'^k! 

T        •    •  1  I      11  -1  "i      1  1    1  •  XT  ^       !•(  quired  to   hold   hit 

Louisiana  he  shall  only  be   required    to  hold  his  court  out  ol   New  Or-  court  out  of  New  Or- 
leans at  such   time  or  limes  as  he  may  consider  the  public  interest  re- ^**"*' 
quires  him  to  do,  and  the  counties,  di^lricts   or   parishes  which  consti- 
tute the  divisions  of  his  di>trict,  shall  be  the  same  as  tho^e  which  con- 
stituted the  districts  under  the  laws  aforesaid. 

Sec  9.  The  said  judges,  before  they  proceed  to  execute  the  duties  Oath  of  Judgct. 
of  their  re,-pective  othces,  shall  take  the  oath  or  afilrmation  presciibed 
in  the  constitution,  and  shall  also  swear  or  affirm  to  administer  justice, 
without  respect  to  persons,  and  to  do  equal  right  to  the  poor  and  to  the 
rich,  and  faithfully  and  impartially  to  perform  and  discharge  all  the 
duties  of  his  oflice,  agreeably  to  the  constitution  and  laws  of  the  Con- 
federate States,  to  the  best  of  his  ability. 

Sec.  10.  The  district  courts  shall  have  jurisdiction,  concurrent  with  Jurisdiction  of  Di»- 
the  courts  of  the  several  states,  of  all  civil  suits  at  common  law  or  in  '■'"^^ '^"""** 
equity  where  the  matter  in  dispute,  exclusive  of  co>ts,  exceeds  the 
sum  or  value  of  five  thousand  dollars,  and  where  the  character  of  the 
parties  is  sucli,  as  by  the  constitution  to  authorise  said  court  to  enter- 
tain jurisdiction.  I)Ut  no  per><on  shall  be  arrested  or  summoned  in  any 
euch  suit  in  one  division  of  district  for  trial  in  another;  and  no  civil 
suit  shall  be  brought  before  any  of  said  courts  against  an  inhabitant  of 
the  Confederate  States  by  any  original  process  in  any  other  district 
than  thit  of  which  he  is  an  inhabitant,  nor  shall  any  district  court 
have  cognizance  of  any  suit  to  recover  the  contents  of  any  promissory 
note,  or  other  chose  iu  action,  in  favor  of  an  assignee  or  transferee, 
unK  ss  a  suit  might  have  been  prosecuted  in  such  court  to  recovei  such 
contents  if  no  as.-ignmenl  or  tran.«.fer  had  been  made,  except  in  cases 
of  foreign  bills  of  exchange. 

Sec.  11.   Upon  joint  bills,   bonds,    notes  or  obligUions,  suits  may  be     Puita    npon   joint 
brought  against  any  one  or   more   of  the   parties,    except  that  separate  ''!','''•  ''""<'■".  "o^**  •«• 

•.II?  I       i"  I  .  •  •    ■  •  1  •  1-         ■         ,       obligationa. 

suits  stiail  not  be  brought  against  joint  parties  thereto  residing  in  the 
same  district:  and  when  several  actions  shall  be  brought  against  per- 
sons who  might  be  legally  joined  in  one  action,  the  plaintiff,  if  judg- 
ment be  given  in  his  favor,  siiall  not  recover  the  costs  of  more  than 
one  action. 

Sec.  12.  Suits  in  equity  shall  not  be  sustained  in  any  of  the  courts  suits  in  tqaiiy. 
of  the  Confederate  Slates  in  any  case  where  plain,  adequate  remedy 
may  be  had  at  law.  And  in  any  state  in  which  there  is  or  may  be  no 
separate  court  of  equity,  the  district  court  shall  administer  and  decide 
on  matters  of  equity  according  to  the  course  of  practice  in  the  courts 
of  such  state.  ^^ 

Sec.  13.  The  laws  of  the  several  states,  except  vrhere  the   constitu-     t 

^'  1         •■  111  c   .t        /-^       r    ^         1       <-.      .  i      ii        ■  I-iws of  the geT«r»l 

tion,  treaties  or  statutes  of   the  Confederate   States  shall  otherwise  re-  states  to  he  tte  ruu 

quire  or  provide,  shall  be  regarded  as  rules  of  decision  in  the  courts  of  cLns'of'°heo[g*''* 

the  Confederate  States,  in  cases  where  they  apply.       And   where   the 

decision  of  the  highest  court  in  a  state  has  become  a  rule  of  property.     Rule  of  property. 

the  same  shall  be  adopted  as  a    rule    in   the  courts  of  the  Confederate 

States,  in  cases  in  which  the  laws  of  such  state  apply. 

Skc.  14.  Except  the  style,  the   forms  of  writs  and  executions  and     porms  «r  proew, 
other  process,  and  the  forms  and  modes  of  proceeding  in  the  progress  ^""^  '''«  '"«'•<=•  of 


78  '    TROYISIOXAL  CONGRESS.     Sess.  I.     Cii.  61.     1861. 

PTttcKtaiua  In  the  and  trial  of  suits,  and  in  enforcing  llie  judgments  in  the  district  courts 
r«ftfrMaw'*an<i'in  ol  tlic  Confederate  States  in  cases  at  law,  shall  be  the  same  in  each 
«<{'ii'y.  of  said  states,  respectively,  as  are  now  in  use   in   the   highest  court  of 

original  general  jurisdiction  of  the  same  ;  and  in  proceeding  in  equi- 
ty, according  to  the  principles,  laws  and  rules  which  govern  courts  of 
equity  in  such  state.  And  whenever  any  state  shall,  by  law,  change 
such  forms  or  modes  of  proceeding  in  its  own  courts,  such  change, 
shall  be  applicable  to  the  forms  and  modes  of  proceeding  in  the  said 
district  courts  held  in  such  state,  unless  Congress  shall  otherwise  pro- 
Kcw  trials.  yjjg  j^y  |^^      ^^j   ^i^p   ^^^jj   Ji^trict  courts  shall  likewise  have  power 

to  grant  new  trials. 

Costs  anil  fees  of      Sec.  15.  The  costs  and  fees  of  clerks  and  marshals  in  the  said  dis- 

[''^jh-n"''  !"■',"'"''/  trict  courts  shall  be  the  same  in   all   cases,   both  civil  and  criminal,  as 

"  are  allowed  by  the  law  of  the   state   in   \vhich   such    court  is  held,  for 

si;nilar   services,    to   the  oiricers  of  such    state  in  the  highest  court  of 

original  jurisdiction  therein,  e.xcept  that  the   marshal   shall  be  entitled 

*^-'*^*s«-  to  mileage  at  the  rate  of  five  cents  per  mile  for  the  .-ervice  of  process 

on  persons  residing  out  of  the  count}',    district  or  parish  in  which  the 

court  is  holden,  such  mileage  io  bo  computed  for  the  di>tance  actually 

travelled  in  the  service  of  such  process,    upon    the   most   direct  route, 

computed  from  the  place  of  holding  such  court ;   and  if  there  be  more 

tlian  one  defendant  in  the  same  case  in  one  county,  but  one  charge  for 

mileage  shall  be  made. 

Skc.  16.  Both  the  district  and  supreme  courts,  and  the  judges  there- 
iw.ire  facias  and  ha- 01,  out  01  term,  siiall  liavc  powcr  to  issuc  writs  of  injunction,  scire 
''"^s '=<"'P"^^-  facias  and  habeas  corpus,  and  all  other  writs  not  specially  provided  for 

by  statute,  which  may  be  necessary  for  the  exercise  of  their  re- 
spective jurisdictions,  and  iigrceable  to  the  principles  and  usages  of 
law  :  Provided,  That  writs  of  habeas  corpus  shall,  in  no  case,  extend 
to  prisoners,  unless  when  they  are  in  custod}'  under  or  by  virtue  of 
the  authority  of  the  Confedeiate  States. 

Sec  17.  The  rules  for  taking  the    deposition  of  any  Avitncsses  in  a 
Ee^e'sTn'oas^satiAw!  ^^^^  ^^  '^^^'i  ^vhosc  attendance  cannot  be   procured,   shall  be  the  same 
as  are  in  force  by  law  in  the   highest   court  of  oiiginal  jurisdiction  in 
the  state  in  which  such  depositions  are  to  be  used  ;  and  they  shall  be 
read  in  evidence  upon  the  trial  of  the   cause,   subject  to  all  legal  ex- 
ceptions to  which  they  would   be  liable  in  the  said  court  of  the  slate. 
No  witness,  under  any  circumstances,   shall   be   compelled  to  attend  a 
Auen(i.-\ncc  of  wit-  court  in  a  civil  cause  in  any  other  district  or  division  than  that  in  which 
he  resides  ;  and  where  his  attendance  cannot  be  procured,  his  deposi- 
tion may  be  taken.    In  suits  in  (?quity,  depositions  shall  be  taken  under 
a  commission  issued  under  the  seal  of  the  court,  in  the  same  manner 
and  under  the  same  rules  and  regulations  in  and   by  which  depositions 
Besse^TnsuHsinequi-  may  be  taken  in  the  highest  court  of  original  equity  jurisdiction  in  the 
'y-  state  in  which  such  depositions  are  to  be  used,  and  when  so  taken  they 

shall  be  read  upon  the  hearing  of  the  cause,  if  subject  to  no  legal  ex- 
ception ;  and  the  said  district  courts  may,  also,  on  application  thereto 
Perpetuating  lesti-  ^g  ^  court  of  equity,  dircct  depositions  to  be  taken  to  jicrpetuate  tcsti- 
"""'■  ^        mony  relating  to  matters   cognizable   in  any  court  of  the  Confederate 

States,  such  depositions  to  be  taken  according  to    the  law  and  practice 
ProTiso  as  to  depn-  in  the  state  in  which  the  order  is  made:    Provided,  That  in  Louisiana 
uiina'ilnd^Ti.-xaa!''"  and  Tcxas  depositions  may  in  all  cases  be  taken  according  to  the  laws 
regulating  the  practice  of  the  highest  courts  of  original  jurisdiction  in 
these  states. 
.Tudses  of  District      ^^'C-   18-  Thc  judgcs  of  the  scveral  district  courts  may,  each  for  his 
Courts  may  lirpoiiit  owu  district  appoint  as    many   commissioners  as   he  may  deem  neces- 
commissioners;  tbeir  ^^^^^ ^  ^^  administer  oaths  and  take  acknowledgements  of  deeds  or  other 


PROVISIONAL  CONGRESS.     Sess.  I.     Cii.  Gl.     1861.  79 

papers,  and  take  depositions,  which   acts  of  such   commissioner  shall 

have  the  same  force  and   effect  in  all  the  Confederate  States  and  the 

courts  thereof  as  if  done  by  a  judge  of  such  court.     And  any  person     swearinp     faisety 

swearing  falsely  in  any  oath  or  matter  before  such  commissioner,  shall,  before  copjmissiontK. 

upon  conviction,  be  liable  to  the  same   punishment,  as  if  the  oath  had 

been  made  before  such  judge.     And   the   same   fees    shall  be  allowed  ^J;;^^'^J'^^^°'^"^'^  *''™- 

such  commissioner  as  are  allowed   for  similar  services   by  the  laws  of 

the  state  in  which  they  are  performed.     All  the  powers  and  authority     Komry  pubricmny 

conferred  on  commissioners  in  and  by  the  preceding  clause,  are  hereby  <->;'-'-iif«  •..uihoriiy 

vested  in,  and  may  be  exercised  by,  any  legally  appointed  notary  pub-  tn. 

lie  in  any  of  the  Confederate  States. 

Sec.  i9.   In  all  the  courts  of  the  ("onfederale  States  the  parties  shall     r.inios  may  i.e 
have^  the  right  to  be  hoard  either  by  themselves  or  counsel.  brco'unsd.^'''""  "' 

t^EC.  20.   Where  judgments  are  a  mortgage  or  lien  upon  theproperty     _       ,  .  ^ 
of  the  defendant  in  any  of  the  states,  they  shall  have  tlie  same  eliect  or  and  txccmioue. 
lien  when  rendered  in  one   of  the   district  courts  of  the   Confederate 
States,  as  if  rendered  in  a  state  court,  and  be  subject  to  the  same  rules 
as  to  enrolment  or  recording  of  judgments   or   abstracts  of  judgments. 
And  the  lien  of  executions  shall  be  the   same   as  in  the  courts  of  the  lev^ero'f^trocesXm 
state  where  such  district  court  sits.       "  But  in  all  cases  of  contliet  be-  the  mui.,- ami  Fe<i»T;,i 

1        •  1'  r  .t  .    ,  1    I-     I         1  i       »i        i;      1  I  court < ;  the  Irsi  levy 

Iwecn  levies  ot  process  Irom  the  state  and  Icdcrai  courts,  the  first  levy  to  have  priority, 
shall  have  priorit}'." 

Sec.  21.  The  mode  of  proof  bv  oral  testimony  and  examination  of  '''o''*'  "f  f""""'  *"y 
Witnesses  in  open  court  in  trials  tit  law  shall  be  the  siime  in  tne  said  examination  of  wit- 
district  courts  as  in  the  court  of  the  highest  original  juiisdiciion  in  the  °'^'s*"^-^- 
State  in  which  such  trial  takes  place;  and  the  couii)ensalion  ol  wit-  Cominnsntion  «f 
nesses  shall  likewise  be  the  same.  The  rules  to  determine  the  com-  'comiMeTuyof  wit- 
pctency  of  witnesses  shall  also  be  the  same.  nU^fM]*'   ''"^'^  ^'^^'^^ 

Sec.  22.  In  any  suit  depending  in  any  of  the  courts  of  the  Confed-     EevSvaUf  suHs. 
erate  States,  if  either  of  tlie  parties  should  die  and  the  cause  of  action 
should  survive,  such  suit   may  be  revived  in  the   same   manner  as  in 
similar  cases    in    the   courts   of  highest  original  jurisdiction    in     the 
State  in  which  the  cause  is  pending;  and  when  there  are  two  or  more 
plaintiffs   and  defendants,    and   one  or  more  of  them    should  die,  the 
suits   shall  not  be  thereby  abated,  but  such  death   being   suggested  on  ou'thif record"' *'*^'^'^ 
the   record,  the  suit  may  then  proceed  in  the  name  of  the  survivor  or 
survivors  ;  or  where  the  law  of  any  State  permits   the  representative     Whpn  rcpresenta- 
of  the   deceased  to  be  joined  in  such   suit,  the   same  may  be  done  in  bj^nade ITart/ "'"^ 
the   district  court ;  or  if  the  cause  should  be  pending  in  the  Supreme 
Court,  then  it  may  be  revived  by  scire  facias   against  the  executor  or     Rt-virni  by  scire  fa- 
administrator,   issued   from   the  office  of  the  clerk  of  such   court,  re-  <=''"''• 
turjiable  to  the  next  term   thereof,   and   duly   served  by  the  marshal 
twenty  days  before  the  sitting  of  such  court. 

Sec.  23.  The  said  district  court  shall  have  power  in  the  trial  of  when d'strirt conn 
actionsat  law,  on  motion  and  due  notice  thereof,  to  require  the  parties  ti,.n  of  books  or  w>i- 
to  produce  books  or  writings  in  their  possession  or  power  which  contain  t'ngs »« t^Tidrfuce. 
evidence  pertinent  to  the  issue;  and  if  the  plaintiff  shall  fail  to  com- 
ply with  such  order,  judgment  of  non-suit  may  be  given  against  him;  nf'^f!i1ur?e"to 'cnmp'ry 
and  if  the  defendant  shall  so  fail,  then  judgment  by  default  may  be  *•"'  >''>•'  rcquiPiiion. 
rendered  against  him. 

Sec.  21.^The   courts  of  the  Confederate  Stales  shall  have  power  to     Oontcirptsrfcomt. 

.  ,  I     11  How  pubjsnco 

inflict  punishment  lor  contempts  of  court ;  but  such  power  shall  not  be 
conslrued  to  extend  to  any  cases  except  mi.sbchavior  in  l!ie  presence 
of  the  court,  or  so  near  thereto  as  to  obstruct  the  administration  of 
Justice,  the  mi.>behavior  of  any  of  the  officers  of  said  court  in  their 
official  transactions,  and  the  disobedience,  resistance  or  obstruction,  by 
any  person  whatsoever,  of  the  process,  order,  rule,  decree  or  command 


so  PROVISIONAL  CONGRESS.     Sess.  I.     Cii.  6i.     1861. 

of  said  courts ;  but  such   punishment  shall  not  exceed  the  imposition 

of  a  fine  of  one  hundred  dollars  and  imprisonmeut  during  the  term  of 
the  court. 

Jurors;  thei-q'iii-  ^EC.  25.  Jurors,  in  all  cascs,  to  serve  in  the  courts  of  the  Coiifede- 
rao»jioi.8 and exeinp-  ^^jg  States,  sl)all  have  the  like  qujiifications,  and  be  entitled  to  the  like 
exemptions,  as  jurors  in  the  liigliest  court  of  original  jnisdiction  of 
the  state  in  which  the  dijlriet  court  is  held,  and  shall  be  selected  by 
lot  or  otherwise,  according  to  the  form  and  mode  of  forming  such  ju- 
ries in  the  couris  of  the  stite,  in  so  far  as  such  mode  may  be  practica- 
ble ,  and  for  this  purpose,  the  district  courts  shall  have  power  to  make 
all  rules  and  regulations  necessary  to  conform  to  the  selection  and  em- 
panelling of  juries  to  the  laws  of  the  state,  so  as   to  secure  an  impar- 

__.      .  tial  trial,  without  needless  expense,   and    without  undue  burden  to  the 

When    jarr    may,.  '  .•i,--aii 

be  summnned  of  the  Citizens  ot  any  part  or  the  district.     And  when,  from  any  cause,  there 

kystander*.  shall  not  be  a  jury  to  determine   any  criminal  or  civil  case,  the  court 

may  direct  a  jury  to  be  summoned  of  the   bystanders   to  complete  the 

panel.     And  it  shall  be  the  duty  of  the  jud..;e,    thirty  days  before  the 

marshal  ^sg'^tT'th'e  folding  of  the  first  court   in    his   district,  under  this  law,  to  direct  the 

•uinmoning  of  jurors,  marshal  in  what  manner,  and  to  what  extent,  to  summon,?jurors  for  such 

Compensation  and  court.  The  compcn.-alion  to  jurors,  in  both  civil  and  criminal  cases,  shall 

mileage  of  jurors.       be  the  same  as  is  allowed  to  jurors   in   courts  of  the   highest  original 

juri.-^diction  in  the  st,.te  in    which  such   court   is  i  eld  ;   and  if  in  ^uch 

state  court  there  be  no  allowance  for  mileage,  the  jurors  sliall  be  idlovv- 

ed  five  cents  per  mile  for  travelling  from  their  respective  places  of  abode 

to  the  places  where  the  court  is  holden,  and  the  saniC  for  returning. 

Sec.  26.   In  all  suits  on  bonds,  airreements,  or  specialities  for  pi-nal- 

Amonnt   recovcra-    .  i.     xu  i.  J    l.        n  i    i-      ii. 

Me  in  suits  on  hnnd-i,  ties  or  breach  ol  covenant,  the  amount  recovered  by  trie  detault  or 
for''breac'h"o\"cove-  Confession  of  the  defendant,  or  upon  demurrer,  shall  be  the  sum  ac- 
"»'!*•  tually  due  ;   and  when  the  sum,  for  which  judgment  is  rendered,  is  un- 

whfnh  jud?me^t  7s  Certain,  the  same  shall  be  assessed  by  a  jury.  On  all  judgments  in 
rendered   ia    uncer-  c\y\\  cases  for  the  pavmcnt  of  moncy,  interest  shall  be  allowed  at  such 

tain,  the  name   slinll  .,,  i-i  ,i  i-^i         i-i  r 

bi.tssessed  by  a  jury,  rate  as  IS  allowed  upon  judgments  rendered  in  the  higne.st  court  ot 
iowert'*on'judgmt'nt»!  Original  j urisdictiou  in  the  state  in  which  such  district  court  sits. 

Mistaken,  etc.,  in  Sec.  27.  Every  mistake,  omission,  defect  or  imperfection  in  the  pro-. 
IflL'""*'^'''' •  *"u''  cess,  declaration,  pleading:,  or  any  of  the  proceedings  in  any  cause,  or 

pieadiMg^,  or   in   the  •  °  i     /•  •  • 

judgment,  may  be  in  the  j udgiTici) t,  shall  be    amended   from  time  to  lime,  at  the  instance 

""*'  '^'^'  of  eiiher  party,    according    to   the   several    statutes  of  amendments  or 

jeofails  in  the  state  in  which  the  court  sits,  so  as  to  secure  a  trial  i:pon 

the  merits,  and   that  justice  may   be  done,  subject  to  any  rule  for  the 

costs  of  amendment  which  the  judge  may  impose. 

vTh«re    there  a^e      Sec.  28.   Where,  in  any  state,  there  are  two  or  more  divisions  of  the 

of'^the'arH'tri'cr'.-ourt  district  court,  all  writs  of  execution  upon   any  judgment   rendered-in 

In  a  state,exeuiioiis  the  court  of  either  division  may  rua   and  be    executed  in  any  part  of 

ojay   be  execu*f-d    in*  ,  ,  ,      ,,     ,         .  ,  i  i  .  i  i        ,        ,i      *  ,   • 

»iiy  .aartof  the  state,  such  state,  but  shall  be  issued  and  made  returnable  to  the  court  in 
which  the  judgment  was  rendered. 

When  wr t of  error  Sec.  29.  A  writof  error,  whcn  authorised  by  law  to  operate  as  a 
ii°d*eas*and*8tay''Tf  super.-edeas  and  stay  of  execution,  shall  only  have  that  olTect  when  a 
exccuiton.  copy  thereof  and  citation  have  been  served  on  the  adverse  party  or  his 

counsel  of  record  ;  but  no  execution  shall  issue  in  less  than  ten  days 
may'' be  issued'on  ^''■•^'"  *^he  rendition  of  the  judgment  or  decree,  unless  upon  afhdavit 
Judgment.  mode,  showiug  a  necessity  therefor. 

Remedy  against  Sec.  30.  Should  thc  marshal  or  clerk  fail  to  pay  over  to  the  party 
marshal  or  ■  lerk  f<.r  entitled  ^hereto,  or  to  his  attorney  of  record,  upon  demand  made,  anv 

Uiluie    lo    p:iy    over  '  i  •        i  i        i  •  c  i 

uj«n»y  in hia  ha:ida.  money  which  may  have  come  to  his  hands  by  virtue  of  any  order  or 
process  of  the  court,  such  money,  with  legal  interest  and  ten  per  cent. 
damages  may  be  recovered  from  him  aud  his  sureties  in  his  official  bond, 


PROVISIONAL  CONGRESS.     Sess.  I.     Ch.  61.     1861.  81 

•npon  motion  and  three  clays'  notice  in  the  court  of  which  he  is  marshal 
or  clerk. 

Sec.  31.  There   shall  be  appointed   in   each  of  the   districts,  by  the     President  to  sp- 
President,  a  meet  person,  learned  in  the  law,  to  act  as  attorney  for  the  p°^"'  J'stiict  auor- 
Confederate  States  in  such   district,  who  shall  be   sworn  or  affirmed  to 
the  faithful  performance  of  his  duty  in  office,  and  to  support  the  Con-  duUes/ 
etitution  j  and   it  shall  be   his  duty  to  prosecute,  in   such   district,  all 
delinquents  for  crimes  and  oftcnccs  cognizable  in  such  court  under  the 
laws  of  the  Confederate  States,  and  to  prosecute  or  defend  all  civil  actions 
in  which  the  Confederate  States   shall  be  concerned,  except  before  the 
Supreme  Court,  in  the  district  in  which  that  court  shall  be  holden.     And 
he  shall  receive  as  compensation  for  his  services  a  salary  of  two  hundred     Cotrpensattcn. 
dollars  per  annum,  payable  quarterly,  and  ten  dollars  per  diem  for  every 
day  that  he  is  engaged  in  attending  said  court,  together  with  such  fees 
as  shall  hereafter  be   prescribed   by  law.     And   where   there  are   three 
divisions  in  the  district  for  which  he  is  appointed,  he  shall  be  allowed 
mileage,  at  the   rate  of  ten  cents   per  mile,  for  going  to  and   returning     siiieage. 
from  the  court  which  is  most  distant  from  his  place  of  residence,  to  be     '^^■f>en  fiistrict  at- 
computed  on  the  most  usual  line  of  travel;  and  in  case  of  the   absence  judge  muy  appoint  a 
of  such  attorney  from  any  term  of  the  court,  the  presiding  judge  may  "[n/'forlhe  term '  ^**'^ 
appoint  a  fit  person  to  act  for  him  for  the  term. 

Sec.  32.  Whenever  a  marshal   shall  sell   any  lands  or  tenements  by     when  the  marshal 

•   J.  n  'I'll  jiiij-  •  Pells  re:il  estate  and 

Virtue  ot  any  process  in  his  hands,  and  shall  die,  or  in   any  manner  go  dies  before  making  a 
out  of  office  before  makino;  a  deed  to  the  same,  the  court  to  which  the  'l*'^''-  '^^  court  miiy 

.  ,  ,  '-  .,,  ,.       ,.  J  ^.         ,,  direct   his  successor 

process  IS  returnable  may,  upon  written   application   and  notice  thereot  to  make  ihe  same. 

to  the  plaintiff  and  defendant,  or  their  counsel,   and  upon   a  statement 

and  proof  of  the  ficts,  direct  his  successor  to  make  the  necessary  deed 

therefor  upon   the   payment  of  any  purchase   money  or  costs  remaining 

unpaid. 

Sec.  33.  In  any  civil  case  in  any  of  the  courts  of  the  Confederate    Security  for  costs. 
States,  the  plaintiif  may,  upon  motion,  be  required   to  give  security  for 
the  costs,  upon  such  terms  as  the  court  by  its  rules  may  prescribe ;  and 
if  he  should  fail  to  comply  within  the  time  allowed,  the  suit  shall  bo 
dismissed  at  the  next  term,  unless  good  cause  be  shown  against  it.     And 
the  said  district  courts  shall  have  power,  from  time  to  time,  to  make  all 
needful  rules  for  the  conduct  and  dispatch  of  business  therein,  not  incon-  duct  aEd'dispatc*"hof 
eistcnt  with  the  Constitution  and  laws  of  the  Confederate  States,  or  with  lousiness. 
the  provisions  of  this  act. 

Sec.  34.  The  laws  of  the  several  States  abolishing  imprisonment  for  state  laws  aVoiish- 
debt,  and  providing  relief  for  debtors  held  in  custody,  shall  take  effect  !i7bt,"'rnd°prTvid'ing 
in  favor  of  all  persons  held  in  custody  for  debt  under  the  process  of  the  r.iitf  for  debtors  in 
federal  courts  of  the  Confederacy.  *^"'''°  ^' 

Sec.  35.  And  be.  if  further  enacted,  That  the  said  district  courts  shall     Exdusire  cogni- 
have  exclusive  cognizance  of  all  crimes  and  offences   cognizable   under  off"nce's^v"u-(nn*tSe 
the  authority  of  the  Confederate  States,  except  where  the  law.s  of  said  district  courts. 
Confederate  States  shall  otherwise  provide. 

Sec.  36.  The  said  courts,  in  term,  shall  have  power  to  direct  a  grand     Summonins   and 
jury  to  be  summoned  and  impannelcd,  whenever  in  its  judgment  it  may  ini^nanneiingofgrana 
be  proper  to  do  so,  and  at  such  time  as  it  may  direct.     After  such  jury 
is  impannelcd  the  proceedings  shall  conform,  as  nearly  as  may  be,  to  the 
law  and  practice  of  the  court  of  the  highest  original  criminal  jurisdic-     what  law  to  goT- 
tion  in  the  State  where  such  district  court  is  held.     But  no  grand  jury  f "   "'*''■   P=oceed- 
Bhall  be  summoned  unless  upon  the  order  of  the  judge  or  court,  and  if 
made  by  the  judge  out  of  term,  shall  be  in  writing,  under  his  hand  and 
seal. 

Sec.  37.  Until  otherwise  provided  by  law  of  Congress,  the  laws  of.  !-»''«  «' 'tie  ^-S- 
the  United  States  in  regard  to  crimes  and  offences,  and  to  the  mode  of  irnd*^ orilnc*i'Rnd'the 

6 


8f  PROVISIONAL  CONGRESS.     Sess.  I.     Cii.  61.     1861. 

practice  In  criminal  procedure,  practice  and  trial  in  all  criminal  cases,  shall  be  in  force  and 
taforce.^ulfd  to  f?.rm  l^^"!"  tlic  rulc  of  practicc  and  decision  in  the  district  courts  of  the  Con- 
the  rule  of  practice  federate  States,  and  where  there  is  no  such  law  governing  the  practice, 
dtetrict  courts  of  the  then  the  rulc  and  course  shall  conform  as  nearly  as  practicable  to  the 
*'"wiiat  to  be  the  ru'e  I'J''tctice  establi.-^hed  by  law  of  the  State  court  of  higliest  original  juris- 
when  there  is  no  diction  in  which  the  said  district  court  sits.  And  this  provision  shall 
*"^Buie7of  evidc  ce  cxtend  to  the  rulcs  of  evidence  and  mode  of  examining  witnesses  in 

and  mode  of  exam-  gucll  CaSCS. 

Wrirs  of  error  or      Sec.  38.  Writs  of  crror  or  appeals  to  the  Supreme  Court  of  the  Con- 

preme  Court ''ilfcran-  federate  States  shall  be  allowed  the  accused  in  all  cases  in  which  the 

ioai  cases.  puni.shmcnt  or  penalty,  upon  conviction,  is  death  or  impri.sonment  in  the 

penitentiary,  in  the  same  manner  and  uj)on  the  .same  terms  as  are  allowed 

iu  the  courts  of  highest  original  criminal  jurisdiction  in  the  State  in  which 

such  district  court  is  holden ;  and  the  remedy  upon  any  bond  given  in 

such  case,  shall  be  the  same  as  in  the  courts  of  the  vState  from   which 

•pwatc  as  riwy  to  ^^^^^  appeal  or  writ  of  error  is  taken.     Such  writ  of  error  shall  operate 

the  execution  of  the  as  a  Stay  to  the  execution  of  the  sentence  or  judgment,  upon  the  execu- 

ment."*'*  or  j  u   g-  ^j^^^  ^^  sucli  bond  as  may  be  required  by  the  State  law  in  similar  cases ; 

When  the  Supreme  and  if  .such  scnteucc  or  judgment  .shall  be   affirmed,   and  the  time  for 

S^ent'  or  fnonomil"  cxecuting  the  Same  shall  have  passed,  the  Supreme  Court  shall  give  such 

sentence,  and  ai- judgment  Or  i)ronouiice  such  .sentence  as  the  law  prescribes,  and  appoint 

point  the    time   ami  "li         ■•  i        i  r.  •  ^i  •     ^  «•      ^  i         ,i  i     i      r. 

pace  for  iia  execu-  the  time  and  place  tor  carrying  the  same  into  enect  by  the  marshal  ot 
*''"'•  the  court  from  which  said  writ  of  error  emanated. 

In  what  civi' causes      Sec.  39.  The  Said  district  courts  .shall  have  original  cognizance  of  all 

the    Distiict    Courts     •    .1  x-       1      •      li  1  ■,•  •       •     t    .  •  •       1     1  •  11       • 

to  have  original  cog-  civil  causes  ot  admiralty  and  maritime  jurisdiction,  including  all  seizures 
niracce.  ■  under  the  revenue  laws  or  laws  of  navigation  and  trade  of  the  Confede- 

rate States,  when  the  seizures  or   cause  of  complaint  arises  on  waters 
which  are  navigable  from  the  sea  by  vessels  of  one  hundred  or  more  tons 
burden,  within  their  respective  districts  as  well  as  upon  the  high  seas; 
Bavins  to  suitors  of  Saving  to  suitors  in  all  cases  the  right  of  a  common  law  remedy,  where 
common  law  remedy,  t^g  remedy  at  comiuon  law  is  ample  and  complete.     And  said  district 
as  Couru  of°Admu  courts,  as  courts  of  admiralty,  shall  be  deemed  always  open  for  the  pur- 
raiity   a  ways  open  pose  of  filing  libcls,  petitions,  answers  and  other  pleadings,  for  issuing 

for    tlie    purpose    of  *      ,        ,  .  '^  i   /•       1  1  •      •  if  1  •    ^ 

filing  libeia,  etc.         and  returning  mesne  and  nnal  process  and  commissions,  and  tor  making 

all    interlocutory   orders   or   rulcs    which    may    be    necessary.       And 

Laws  of  the  u.  s.  the  laws  of   the   United    States  and  the    rule?!  of   court  in  reference 

Admira'tV'  casM  to  to  admiralty  proceedings  in  force  in  the  admiralty  courts  of  the  United 

haye  full  force    in  States  of  America,  on  the  twentieth  day    of  December,  one  thousand 

the  couti  of  the  C.     .    ,  ,  ,         ,       ,  '  .    ,  ,.  ,  -^  ,  ,.      1  ,  1 

8.  eight  hundred  and  sixty,  so  lar  as  the  same  may  be  applicable,  and  are  not 

inconsistent  with  the  constitution  and  laws  of  the  (Joniederate  States, 
are  hereby  continued  iu  full  force  and  effect  in  the  courts  of  the  Confed- 
erate States,  until  altered  or  rcj)ealed  by  law. 
Writ  of  error  to      gj;^  49.     Final  judgments  and  decrees  in  civil  actions,  and  final  dc- 

tho Supreme  Court  in  .  ..•',.".  .        ,.'  , 

ciTii  cases.  crccs  HI  equity  m  a  district  court,  where  the  matter  in  dispute  exceeds 

in  value  the  sum  of  five  thou.sand  dollars,  exclusive  of  costs,  may  be  re- 
examined and  reversed  or  affirmed  upon  a  writ  of  error  in  the  Supreme 
Court,  the  citation  in  such  case  being  signed  by  a  judge  of  the  district 
court  or  of  the  Supreme  Court,  and  the  adverse  party  having  at  least 
thirty  days'  notice.  Writs  of  error  shall  not  be  brought  but  within  two 
oii  St  on.  years  after  rendering  or  pa.ssing  the  judgment  or  decree  complained  of, 

or  in  case  the  person  entitled  to  such  writ  of  [error]  be  an  infant,  fenime 
covert,  non  compos  mentis  or  imprisoned,  then  within  two  years,  as  afore- 
said, exclusive  of  the  time  of  such  disability.     And  every  judge  signing 
Band  ard  security  a  citation  or  any  writ  of  crror,  as  aforesaid,  shall  take  bond,  and  good 
^pro^ecuewri  wi  1  ^^^j^  sufficient  .Sureties,  that  the  plaintiff  shall  pro.secute  his  writ  withcf- 
When  writ  of  error  feet,  and  answcr  all  costs  if  he  fail  to  make  good  his  plea  ;  and  no  writ 

to  •!  eralo   as   a  8u-      f.     '  ,     ,,  1        "       p  ^    .    '  ,  , 

pecsedeaa.  01  error  suall  operate  as  a  supersedeas  and  stay  ot  execution,  unless  such 


PROVISIONAL  CONGRESS.     Sess.  I.     Ch.  61.     1861.  83 

bond  be  with  sureties  and  of  sufficient  amount  to  secure  tbe  whole  jiidg- 

ment,    if    it   be    affirmed,    in    addition    to   tbe    costs.     And    tbe  said 

court   or    tbe   judges    tbereof,    shall    have    power   to  appoint  a  clerk,     ■Apoointmeutof 

who   shall    take    the    oath  prescribed    for   the    clerks   of   the    district  court."    '^  "I'lema 

courts,  and  give  bonds  for  the  faithful  discharge  of  bis  duty,  in  such     Oath  and  bond. 

amount  as  said  court  may  direct,  whose  fees  shall  be  the  same  as  those     His  fees. 

now  allowed  to  the  clerk.s  of  the   Supreme  Court  of  tbe  United  States. 

Sec.  41.  Where,  upon  such  writ  of  error,  the  Supreme  Court  shall     Damagfis   allowed 
affirm  a  judgment  or  decree,  they  may  adjudge  or  decree  to  tbe  defend- judgment  or* decree. 
ant  in  error  just  damages  for  bis   delay,  not  exceeding  ten  per  cent,  per 
annum — but  such  damages  shall  only  be  given  when  it  is  manifest  to 
the  court  that  tbe  appeal  or  writ  of  error  was  taken  for  delay — and  all   Kxecution  in  causes 
costs.     Tbe  Supreme  (Viurt  shall  not  issue  executions  in  causes  that  are  '"^.'J'"^'j^  ••"  '•'>'^  '='^- 
removed  before  them  by  writs  of  error,  but  shall  send  a  special  mandate  of  eror,    to'  issue 
to  the  district  court  to  award  execution   thereupon,   including  lawful  [^"^.^"'^  ^'^"^ "■'<=' 
costs  accruing  upon  such  appeal. 

Sec  42.   From  all  final  judgments  or  decrees  which  may  be  rendered     in  what  cases  ap- 
in  any  district  court  in  any  cases  of  equity  or  admiralty  and  maritime  g„|ff^(,^""cu'^^,./°  "'" 
jurisdiction,  and  of  prize  or  no  prize,  an  appeal,  whei'c  the  mntter  in 
dispute,  exclusive  of  costs,  exceeds  the   simi  or  value  of  five  thousand 
dollars  in  equity,  or  of  five  hundred  dollars  in  courts  of  admiralty  and 
maritime  jurisdiction,  shall  be  allowed  to  the  Supreme  Court,  and  upon 
such  appeal,  a  transcript  of  the  libel,  bill,  answer,  depositions  and  all     Transcript  cf  pro- 
other  proceedings  of  what  kind  soever  in  the  cause,  shall  be  transmitted  '='='^'*'"t'^- 
to  the  said  Supreme  Court ;  and  no  new  evidence  shall  be  received  in  ^Jll  r'ccZveH^^^"^ 
the  said  court  on  the  bearing  of  such  appeal;  and  such  appeals  shall  be     Appeals  sui-jectto 
subicct  to  the  same  rules,  rcirulations,  and  restrictions  as  are  prescribed  ^'^'^  ''"'"^^  prescribcii 

1  •  n  •  n  11  •in  /^  1       11     1  '"    ^*^'*     '''     writs     of 

in  law  in  case  of  writs  of  error;  and  the   said   Supreme  Court  shall  be  error. 

and   hereby  is  authorized  and   required  to  receive,  bear  and  determine 

such  appeals :  Provided  alwa//!i,  That  appeals  or  writs   of  error  in  any    p,.oviso  as  to  ap- 

case  to  the  Supreme  Court  of  this  Confederacy,  from  existing  judgments  peaisor  writs  of  er- 

1  1       J.    1  1        xi  13  1    i-'    "  •      J  '"'■  (rota    existing 

or  decrees,  may  be  taken  under  tlie  same  rules  ana  regulations  required  jmigmcnts  or  decrees, 
by  tbe  hnvs  of  the  United   States  for  appeals  or  writs  of  error  to  the 
Supreme  Court  of  the  United  States,  existing  at  the  time  the  s;;id  judg- 
ment or  decrees  were  rendered. 

Sec.  48.  The  Supreme  Court  shall  have  power  from  time  to  time  to    Supreme  Court  to 
make  all  such  rules  and  regulations  as  it  may  deem  needful  for  tbe  dispatch  oY cases. 
orderly  and  correct   dispatch  of  cases  not  inconsistent  with  the  rules  of 
law,  and  this  power  shall   extend   both   to  original  and  appellate  causes 
therein.     In  all  cases  in  tbe  Supreme  Court  where  there  is  an  equal    proceed ings  id 
division  of  opinion  among  the  judges  thereof,  and  the  court  is  not  full,  cases  in  whkh  tho 
there  shall  bo  awarded  a  re-argument  before  a  full  court.     If  there  be  vldea  in  op^iilloa.''^ 
such  division  when  the  court  is  full,  then  the  judgment  of  the  court 
below  shall  be  affirmed.  ' 

Sec.  44.  The  Supreme  Court  shall  have  original  jurisdiction  of  all     oripnai   jurisdic- 
controversies  of  a  civil  nature  where  a  state  is  a  party,  exco])t  between  a  tion  of  the  supreme 
state  and  its  citizens,  or  citizens  of  any  other  state  or  nation.     It  shall 
also  have  exclusively  all  such  jurisdiction  of  suits  or  proceedings  against  tion'!°  "^'^'^ ''"'"  '"' 
ambassadors   or  other   public  ministers,  or  their  servants,  as  a  court  of 
law  can   have  or  exercise   consistently  with   the   law  of  nations ;  and 
original  but  not  exclusive  jurisdiction  of  all  suits  brought  by  ambas- 
sadors or  other  public   ministers,  or  in   which  a  consul   or  vice-consul 
shall  bo  a  party.     And  the  trial  of  issues  in  fact  in  the  Supreme  Court, 
in    all    actions    at    law    against    citizens   of    the    Confederate    States, 
shall  be  by  jury,  and  it  shall  have  power  to  issue  writs  of  prohibition  to     Trial  by  jury, 
the  district  courts,  when  proceeding  as  courts  of  admiralty  and  maritime 
jurisdiction,  and  writs  of  mandamus,  in  ca^cs   warranted   by  the  princi-  tion  and  mau lamoi. 


84  PROVISIONAL  CONGRESS.     Sess.  I.     Ch.  61.     1861. 

pies  and  usages  of  law,  to  any  courts  appointed  under  the  authority  of 
the  Confederate  States. 
In  what  cafes  writs      Sec.  45.  Be  it  further  enacted,  That  a  final  judgment  or  decree  in 
m^^' Cn^i'S?menS  »°y  s"'^\in  ^'^c  highest  court  of  law  or  equity  of  a  state  in  which  a 
or  riccrees  o^f  the  dccision  iu  the  suit  could  bc  had,  wlicre  is  drawn  in  question  the  validity 
states  toTheVupreme  of  a  treaty  or  statute  of,  or  an  authority  exercised  under  the  Confederate 
Courtof  theC.  s  ;     States;  or  where  is  drawn  in  question  the  validity  of  a  statute  of,  or  an 
authority  exercised   under  any  state,  on   the  ground    of   their   being 
repugnant   to  the    constitution,   treaties   or    laws   of   the    Confederate 
States;  or  where  is  drawn  in  question  the  construction  of  any  clause  of  the 
constitution,  or  of  a  treaty,  or  statute  or  commission  held  under  the  Confede- 
rate States;  in  each  of  these  cases  the  decision  may  be  re-examined,  and 
reversed  oraffirmed  in  the  Supreme  Court  of  the  Confederate  States,  upon  a 
writof  error,  the  citation  being  signed  by  any  judge  of  the  said  Sujtrcme 
ftnd  under  what  re-  Court,  in  the  samc  manner  and  under  the  same  regulations,  and  with  the 
wiiut  effect.  like  effect  as  if  the  judgment  or  decree  complained  of  had  been  rendered 

or  passed  in  a  district  court  of  the  Confederate  States;  and  the  proceed- 
ings upon  reversal  shall  be  the  same,  except  that  the  Supreme  Court, 
instead  of  remanding  the  case  for  a  final  decision,  may  at  their  discre- 
.    .  tiou,  if  the  cause   shall  have  once  been   remanded   before,  proceed  to  a 

rors.  final  decision  of  the  same  and   award   execution.     But  no   other  error 

shall  be  assigned  or  regarded  as  a  ground  of  reversal  in  any  such  case  as 
aforesaid,  than  such  as  appears  in  the  face  of  the  record,  and  immediately 
respects  the  beforemcntioncd  question  of  validity  or  construction  of  the 
said  constitution,  treaties,  statutes,  commissions  or  authorities  in  dis- 
pute, 
tffect  of  judgments      Sec.  46.  All  ludgmcnts,  ordcrs  and  decrees  made  by  any  state  court 

fete        of        <ID\'      ^t3t6       •  *>  cj  /  ^  »/  »/ 

court  rendered  since  sincc  the  date  of  the  scccsslon  of  such  state,  upon  any  subject  or  matter 
ihe^secession  of  such  whicli  bcforesucli  sccessiou  was  within  the  jurisdiction  of  the  courts  of  the 

Appca'  or  writ  of  United  States,  shall  have  the  force  and  effect  of  judgments,  orders  and 
error  therefrom.  dccrces  of  the  courts  hcrciu  estiiblishcd,  with  the  privilege  of  either 
party  to  appeal  or  sue  out  a  writ  of  error. 

Transfer  of  records,      gg^.  47.  And  he  it  further  enacted,  That  all  the  records,  papers,  dockets, 

etc.,  in  salts  pending  ..  i.t.    i  -k-  o  ^  ■      •>  ^     \     . 

in  the  Chcuit  or  Dis- depositions  and  judicial  proceedings  or  every  kind  appertaining  to  any 
s.'wit*iiw"^'any'^of''the  ^^^*  '^ow  pending  in  the  circuit  or  district  courts  of  the  United  States, 
States  of  the  Confed-  within  any  of  the  states  of  this  Confederacy,  shall  be  transl'crred  to  the 
Co*u?t'of°the  a  s'.Tn  district  court  of  the  Confederate   States  of  America   in   the  same  state 
Uie  same  district.       m^^j  district  in  whicli  the  same  was  pending;  and  the  late  clerk  of  said 
r>/'.s«/V/circuit  court  or  district  courts,  or  other  person  in  whose  custody  said 
records,  papers,  dockets,  depositions   and    judical  proceedings  may  be, 
shall  deliver  the  same  to  the  clerk  of  the  district  court  to  which   they 
may  be  translerrcd  under  the  provisions  of  this  act,  and  the  same   shall 
stand  in  the  same  plight  and  condition  in  which  they  were  in  said  cir- 
cuit and  district  courts  respectively,  and  all  previous  orders  therein  made 
shall   have   the   same   effect.     And   the   court  to  which  said  causes  are 
hereby  transferred  shall  proceed  to  hear  and  determine  the  same  accord- 
Also  of  papers  of  ing  to   law,  and   all   dockets,  books,  records,  documents  and   papers  of. 
Tn-'To  judicial  "pro-  ^^'^'T  kind  pertaining  to  judicial  proceedings  in  any  of  said  courts,  and 
ceedin;:.s  in  any  of  to  suits  heretofore  decided  therein,  and  all  patents,  deeds,  records,  books 
fu'iisdt-cidcdtiu'r.-ii°  ^^^  papcrs  pertaining  to  any   land   office  Avhich  may  by  law  have  been 
or  to  any  land  office,  deposited  with  the  clcrk  of  any  of  said  courts  or  transferred  to  his  office 
for  safe  keeping,  shall  be  delivered  to  the  clerk  of  the  district  court  for 
the  district  in  which  such  court  is  situated,  and  the  samc  shall  bc  safely 
kept  and  preserved  by  said  clcrk  until  otherwise  provided  by  law.    And 
Copies  of  Bfiid  re-  copics  of  any  such  records  or  other  papers  made  out  by  said  clerk  of  the 
cords    and    papers  district  court  and  authenticated  according  to  law,  shall  have  the  force 
oeacc,'  ^  ^''  iiiid  effect  given  to  copies  of  other  instruments  of  like  character  in  such 


PROVISIONAL  CONGRESS.     Sess.  I.     Ch.  61.     1861.  *5 

state,  and  be  admissablc  in  evidence  in  all  cases  in  wliicli  copies  are  ad- 
mitted as  evidence   in  the   courts  of  the  Confederate  States  :  Provided,     Proviso  as  to  suits 
That  all  suits  which  shall  have  been  pending  in  any  of  said  courts  for  l^"rs\y'l)^oJ°pros^ 
the  space  of  five  years  without  prosecution  shall  be  considered  as  aban-  cution. 
doned,  unless  prosecuted   within  six  months  from  the    time    of   such 
transfer.  And  the  judgments  in  all  civil  cases  heretofore  rendered  in  said     Effect  of  unsifis- 
circuit  and  district  courts  of  the  United  States  remaining  unsatisfied,  ci,xuit'l^nd"nis[ria 
shall  have  the  same  force  and  eflfect  which  the}^  had  before  the  secession  Courts  of  the  U.S. 
of  the  State  in  which  said  court  is  situated,  and  the  same  proceedings  may     '^^"■'j''  procoedings 
be  had  thereon  in  the  district  court  of  the  Confederate  States,  by  cxecu-  in  tiie  District  Court 
tion  or  otherwise,  which  might  have  been  taken  in  the  court  in  which  t^u  or  mhelwisr*^"' 
they  were  rendered  at  the  time  of  their  rendition.     And  where,  under 
any  such  judgment  of  the  circuit  courts  of  the  United  States,  any 
execution  may  have  been  in  part  executed  by  levy  on  property  or  other- 
wise, it  shall  be  the  duty  of  the  marshal  or  ofiicer  in  whose  hands  such 
execution  and  property  may  be,  to  turn  over  the  same  to  the  marshal  of 
the  Confederate  States  for  the  district  in  which  such  judgment  was  ren- 
dered, and  to  take  his  receipt  therefor;  and  thereupon  the  said  marshal 
shall  proceed  to  dispose  of  the  same  according  to  the  laws  in  force  at 
the  time  such  judgment  was  rendered,  and  pay  over  the  proceeds  to  the 
party  entitled.     And  new  process  shall  be  issued  in  such  district  courts 
when  requisite  ;  but  all  suits  iionding  in  said  courts  in  which  the  United     Suits  in  which  ir. 

„,     .  *       ,    .    ^.^      1     ,,  ^.  ]    J  J  r     ii  T  ?.  are  plaintiirs  to  re- 

states are  plaintins  shall  remain  suspended,  and  no  lurtiier  proceedings  main  suspended. 

shall  be  had  therein  untilthe  independence  of  this  Confederacy  shall  be  Executions  of  all 
recognized  by  the  United  States;  and  execution  of  all.  judgments  rcn- Jufipu'enis  rendered 
dercd  in  favor  of  said  United  States  is  hereby  suspended,  and  all  seizures  irkewise  suspended! ' 
on  executions  heretofore  made  in  behalf  of  the  said  United  States  are  seizures  on  execu- 
herebv  declared  to  be  inoperative  and  void,  and  shall  not  be  renewed  *^'°"f  ■Ti^'l'-"  '"  ','''"^'5 

•  1  ••  1  1  n     1        •     ^  1  n     ^  •     rt       n    1  of  the  U.  S.,  declared 

until  recognition  be  made  oi  the  independence  oi  this  Coniederacy  as  void, 
aforesaid.     But  this  section  shall  be  subject  to  such  disposition  of  the     Proviso. 
causes  therein  provided  for  as  has  been  made  by  the  several  States  be- 
fore the  adoption  of   the  Provisional  Constitution,  unless  said  States 
shall  conform  their  legislation  to  the  provisions  in  this  act  contained. 

Sec.  48.  Where  cases  are  now  pending  in  the  Supreme  Court  of  the     Transfer  of  causes 
United  States  upon  appeal  or  writ  of  error,  from  any  court  of  the  States  prc,',",'"^comt'^of  fho 
now  forming  the  Confederate  States,  it  shall  be  lawful  for  the  appellant  U.S.,  upon  appealer 
or  plaintiff  in  error,  at  any  time  within  twelve  months  from  the  date,  to  supreme  Court  of  the 
dismiss  such  appeal  or  writ  of  error,  and  file  a  transcript  of  the  record  ^•^• 
and  a  copy  of  the  bond  for  the  appeal  or  writ  of  error  in  the  Supreme 
Court  of  the  Confederate  States,  and  thereupon  the  same  shall  be  con- 
sidered in  all  respects  as  if  it  had  been  originally  filed  in  the  said 
Supreme  Court  of  the  Confederate  States,  and  shall  be  heard  and  deter- 
mined in  said  court  according  to  the  laws  in  force  at  the  time  said  cause 
was  determined  in  the  court  below,  and  the  rights  of  the  respective 
parties  shall  be   the   same   as  when   said   cause  was   taken   up  to  the 
Supreme  Court  of  the  United   States.     And  if  such  cause  shall  not  be     if  not  transferred 
transferred  in  twelve  months  as  aforesaid,  then  the  judgment  of  the  JI,'e' j^uil^it'lu '"f  "the 
court  from  which  the  appeal  or  writ  of  error  was  taken  shall  be  deemed  Court  ijciow  uJUrmcd. 
final  and  in  all  thintrs  affirmed.     And  in  case  of  such  transfer,  the  bond     I'ond  Riven  forap- 

„        ,  P  •        c  1     11  1  1  •      •      /•  11  i>  •      VS'i^y  etc.,  to  remain 

given  tor  the  appeal  or  writ  ot  error  shall  be  and  remain  in  tail  lorce  in  in  force. 

the  court  of  the  Confederate  States;  and  in  cases  where  the  transcripts     Transcripts  of  re- 
ef the  records  have  already  been  printed  in  the  Supreme  Court  of  the  puptL'^eCourtof  the 
United  States  under  the  rules  thereof,  such  printed  copy,  duly  certified  u.  s.,  maybe  filed. 
by  the  clerk  of  that  court,  may  be  filed  in  the  Supreme  Court  of  these 
Confederate  States,  and   it  shall  not  be  necessary  to  have  a  new  tran- 
script made  by  the  clerk  of  the  court  from  which  the  appeal  or  writ  of 
error  was  prosecuted. 


86  PROVISIONAL  CONGRESS.     Sess.  I.     Ch.  61.     1861. 

Distiict  Courts  of      Sec.  49.  Aud  wlicre  there  sliall  heretofore  have  been'  any  judgment 
tbe  c.  s.  and  their  qj.  decree  in  the  Supreme  Court  of  the  United  States  in  a  case  from  any 

officers  to  carry  into     r.     ,         , .        .  .  •  p     i        tt    •       i     -i  n  i 

effect  certain  unexe- 01  the  distnct  Or  circuit  courts  01  the  Luitcd  btates  tor  any  one  of  the 

of  \T.li"upr'^me'co*urt  States  uow  forming  a  part  of  the  Confederate  States,  aud  which  remains 

of  the  u.  s.  remain-  in  force  and  unexecuted,  it  shall  be  and  it  is  hereby  made  the  duty  of 

lug  m  ore  .  ^^^  distrit  court  of  such  Confederate  State  and  its  oificers,  to  carry  into 

effect  and  to  execute  such  judgment  or  decree  according  to  the  mandate 

of  the  Supreme  Court  of  the    United   States,  as  if  there   had   been  no 

Proviso.  dissolution  of  the  Union  :  Provided,  That  such  judgment  or  decree  was 

rendered  before  the  secession  of  the  State  from  which  such  cause  went 

Notice  to  party  or  to  the  Supreme  Court.     When  any  cause  is  transferred  under  the  provi- 

his  counsel  of  causes    •  x-   Ii  •       i  j_-  n  is  o  i      n  i  •  j      .i  i 

transfer!  ed  u  n  d  e  i' i^iois   01  this   law,  uoticc  ot  such  transicr  Shall  DC  givcu  to  the  adverse 
^''"^  '^™^-  party  or  his  counsel  thirty  days  before  the  term  of  the -court  at  which 

such  case  is  to  be  tried. 

Effect  of  judgments      Sec.  50.  In  all  cascs  wlicre  pcrsous  are  under  judgment  or  sentence, 

c^i^u^a^cases'.'^'^  '"  ^^"  ''^^'^  imprisoned  upon  conviction  of  any  crime  or  offence  before  any 

court  of  the  United  States,  in  any  of  the  States  now  forming  a  part  of 

the  Confederate  States  of  America,  such  judgment  or  sentence  shall 

continue  in  full  force  and  effect  until  the  same  has  been  executed  and 

District  Courts  of  carried  out,  and  the  said  district  courts  of  the  Confederate  States  are 

t  J  execute^  thmiT.^'^''  hereby  clothed  with  all  necessary  powers  to  have  such  judgment  or  sentence 

Persons  under  ar-  exccutcd.    And  uo  person  now  under  arrest  or  in  custody  upon  any  criminal 

ffom°"t he°''uii'ftTd  chargc  or  offence,  on  process  issued  from  the  courts  of  the  United  States, 

states  Courts.  shall  be  released  by  reason  of  the  dissolution  of  the  Union,  but  he  shall 

continue  iiuder  anest  or  in  custody  until  discharged  by  due  course  of 

Bail  bond  to  lind  l^w.     iVud  any  bail  bond  given  by  any  party  to  answer  any  charge  under 

party  to  apiiear  in  pvoccss  from  any  of  suid  courts,  shall  be  obligatory  upon  such  party  and 

his  sureties,  and  bind  him  to  appear  at  the  first  term  of  the  district  court 

of  the  Confederate  States  to  be  held  for  the  district  in  which  he  was  arrested. 

icdictraents  found  And  all  indictments  heretofore   found  in  any  of  the  said  courts  and 

courts,  to  'ije  h'eiird  ^^t  yet  disposod  of  shall  continue  in  full  force  and  virtue  until  heard 

etc.,  in  the  District  and  determined  in  the  district  court  of  the  Confederate  States  for  the 

our  3  o      e    .  ^.    jjg|.^.j^,^  jjj  which  the  same  was  found.     And  all  warrants  or  other  process 

Warrants  or  other  .         .  .      .       ,     ,  „  r>        •  i  t     ii  •  • 

process  from  said  issuiug  ou  any  Criminal  charge  from  any  oi  said  courts  shall  continue  iQ 
'^""''^*  force  and  be  made  returnable  to  the  court  of  the  district  in  the  Confede- 

rate States  in  which  the  offence  therein  charged  is  alleged  to  have  been 
committed.     And  to  these  ends  full  authority  is  hereby  granted  to  said 
district  courts. 
Penitentiary  and      Sec.  51.  Where,  by  thc  laws  of  any  State,  its  penitentiary  or  jails 
^'"'^"  may  be  used  by  the  courts  or  marshals  of  the  Confederate  States,  the 

game  shall  be  so  used  whenever  necessary ;  bvit  if  in  any  State  there  be 
no  law  authorizing  their  use,  then  it  shall  be  the  duty  of  the  marshal  to 
provide  a  suitable  place  or  places  for  the  custody  and  confinement  of  all 
prisoners  or  convicts  who  may  be  committed  to  his  custody  by  competent 
legal  authority. 
Special  jurisdiction      Sec.  52.  Where  any  forfeiture  or  penalty  is  by  law  prescribed  against 
atti)fseatof°govern-iiaisfeasance  or  malfeasance  in  office  by  any  of  the  officers  of  the  Con- 
nicnt,  of  crimes  a^d  federate  States  residing  at  the  seat  of  government,  or  where  crimes  or 

offences      committed      -,,  • ,  ,     i    i  r>        •  i       n-  •        i  i      •  ,  •  /y 

by  public  officers,  offences  are  committed  by  any  oi  said  officers  in  their  respective  oraces, 
ofli!;i°a'i  bonds'^  "'*''^^^^*^^  '^^'^  ^^'  ^^^y  ^^  puuisliablc  by  indictiueut,  or  where  suits  may 
become  necessary  upon  the  official  bonds  of  any  such  officers,  made  pay- 
able to  the  Confederate  States  of  America,  the  jurisdiction  in  all  such 
cases  shall  pertain  to  and  be  exercised  by  the  district  court  of  the  Con- 
federate States  which  shall  be  held  at  thc  seat  of  government. 
Writs  of  error  or      Sec.  53.  From  all  judgments  or  decrees  which  shall  be  rendered  in 
preme  Court  "fronicauses  pending  in  the  courts  of  the  United  States  at  the  time  of  the 
judgments  rendered  geccssiou  of  the  States  in  which  the  same  were,  and  which  causes  shall 


PROVISIONAL  CONGRESS.     Sess.  I.     Cii.  62,  63,  64.   /1861.  87 

be  transferred  to  and  decided  by  the  courts  of  this  Confederacy,  writs  in  causes  pending  in 
of  error  or  appeal  may  lie  to  the  Supreme  Court  of  this  Confederacy,  g'^'^t^i^e^me'^oftSe 
when  the  sum  or  matter  in  controversy  exceeds  the  sum  of  two  thousand  seeessioa    of   the 

11,  •'  StiUes. 

dollars. 

■  Sec.  54.  This  act  shall  be  in  force  and  have  effect  from  and  after  the    when  act  takes  ef- 
passage  thereof,  and  all  laws  and  parts  of  laws  coming  within  the  pur- ^'^'^'• 
view  of  this  act,  shall  be  and  the  same  are  hereby  repealed.  *^'  ^^^^ 

Approved  March  IG,  1861. 


Chap.  LXII. — An  Act  supplementary  to  an  act  en'itled  an  act  to  organize  the  Xav^.  March  16,  ISGl. 


The  Congress  of  the  Confederate  States  of  America  do  enact,  That  in  Relative  position 
case  officers  who  were  formerly  attached  to  the  navy  of  the  United  °.y°f^|;„*u[*g_*^^ 
States,  but  had  resigned  in  consequence  of  the  secession  of  anyone  or  of ''=>v':  ic-isnei  and 
all  of  the  Confederate  States,  should  receive  appointments  in  the  navy  men'tsVn  the  .Navy  of 
of  the  Confederate  States,  the  President  is  authorized  to  affix  to  their  "^^^•^• 
commissions  such  dates  as  may  be  necessary  to  secure  to  them  the  same 
relative  position  that  they  held  in  the  former  service. 

Approved  March  10,  18G1. 


CnAP.  LXIII. — An  %.ct  supplemental  to  an  net  to  define  and  fi^  the  piy  of  the  officers  of     Slarch  16,  180!. 

the  Congress.  


The   Congress  of  the   Confederate   States  of  America  do  enact,  That    P^y  of  the  offlccra 
the  amount  of  salary  established  by  the  said  act  for  each  officer  during  °i,e  p",y'^Xn""(}o^. 
the  continuance  of  the  Provisional  Government  shall  be  deemed  a  Kalaiy^'""f"en'.  defined  and 
for  a  year;  and  that  each  officer  may  receive  a  rateable  proportion  thereof 
at  any  time  during  tl>e  year,  upon  the  warrant  of  the  President  of  the 
Congress. 

Approved  March  IG,  1861. 


Chap.  LXIV. — An  Act  to  appropriate  money  for  certain  civil  pvrposca.  MarchlS,  1S6I. 

2hc  Congress  of  the    Confederate  States   of  Ameriea  do   enact,  That     Appropriation  for 
the  following  sum  be,  and  the  same  is  hereby  appropriated  for  the  object  ihe  Treasury, 
hereafter  expressed,  for  the  year  ending  the  fourth  of  February,  eighteen 
hundred  and  sixty-two  :  For  salary  of  Auditor  of  the  Treasury,  for  audi- 
ting accounts  of  the  war  office  in  the  expenditure  for  the  army,  the  sum 
of  three  thousand  dollars. 

Approved  Jlarch  IG,  1801. 


88  PROVISIONAL  CONGRESS.     Sess.  I.     Cii.  G5,  GG,  67.     1861. 

March  16, 166t.        Chap.  LXV. — Ae  Act   makintf  additional  appropriationa  for  the  support  of  the  Army, 
•~" for  the  year  ending  thcjirat  of  Jlarch,  eighteen  hundred  and  aijcty-ttco. 


Appropriation  for  The  Congrcss  of  the  Confederate  Statea  of  Amcriea  do  enact,  That 
nance'aDnrduaD«  ^^0  following  8um  bc,  aud  the  Same  is  hereby  appropriated,  out  of  any 
•tores.  money  in   the   Treasury  not  otherwise   appropriated,  namely  :  For  the 

purchase  of  ordnance  and  ordnance  stores,  one  hundred  and  ten  thousand 

dollars. 

Approved  March  16,  1861. 


March  16, 1S61.        CuAP.  LXVI. — An  Act  mal-ing  appropriations  for  the  service   of  the  rostoJjR.ce  Dcpart- 
vicnt,  for  the  fiscal  year  ending  the  first  of  Jfarch,  eighteen  hundred  and  sixty-tiro. 


Appropriations  fo-  The  Confjress  of  the  Confederate  States  of  America  do  enact,  That 
^ostoui.e  ^'i'^''' the  following  sums  be  appropriated  for  the  Post  Office  l^epartment  for 
the  year  ending  the  first  of  March,  one  thousand  eight  hundred  and 
sixty-two,  out  of  any  moneys  in  the  Treasury,  arising  from  the  revenues 
of  the  service  of  said  department,  namely  :  For  transportation  of  the 
mails  inland,  one  million  one  hundred  and  two  thousand,  two  hundred 
and  eighteen  dollars  and  forty-nine  cents  ;  for  compensation  of  Post- 
masters, three  hundred  thousand  dollars ;  for  clerk  of  Post  Offices,  one 
hundred  thousand  dollars ;  for  ship,  steam-boat  and  way-letters,  five 
thousand  dollars  ;  for  office  furniture  for  Post  Offices,  two  thousand  dol- 
lars ;  for  advertising,  fifteen  thousand  dollars  ;  for  mail  bags,  ten  thou- 
sand dollars  ;  for  paper  blanks,  ten  thousand  dollars  ;  for  printing  blanks, 
three  thousand  dollars  ;  for  wrapping  paper,  eight  thoitsand  dollars  ;  for 
mail  locks,  keys  and  stamps,  ten  thousand  dollars  ;  for  mail  depredations 
and  special  agents,  twenty  thousand  dollars  ;  for  miscellancoiis  payments, 
forty  thousand  dollars ;  for  postage  stamps  and  stamped  envelopes, 
twenty-five  thousand  dollars ;  for  payment  on  account  of  foreign  mail 
service,  seventy-five  thousand  dollars ;  for  payment  of  letter  carriers, 
two  thousand  dollars. 

cic^8°i''n^t'i!e  revenue'      ^^^-  ^-  ^'^^'^^  ^^^*^  sum  of   three  hundred  and  twenty  thousand  and 

of  tiie  said  depart-  sixty  dollars  thirty-six  cents  be,  and  the  same  is  hereby  appropriated,  to 

'"'''^  ■  be  paid  out  of  any  moneys  in  the  Treasury  not  otherwise  appropriated, 

to  supply  deficiencies  in  the  revenue  of  the  Post  Office  Department  for 

the  year  ending  the  first  of  March,  one  thousand  eight  hundred  and 

sixty-two. 

Approved  March  10,  18G1. 


March  16,  18C1.        Chap.  LXVII. — An   Act   to   authorize  the  Secretary  of , the  Treasury  to   apjwint  Sj)ccial 
■         ■  Agents  in  certain  eases. 


Special  agents  to  TIic  Cont/rrss  of  the  Confederate  States  [of  Ajnrrlcado']  enact,  Thai  il\G 
houscr'on'^  tiie  fron-  Sccretar}'  of  the  Treasury  shall  be,  and  he  is  hereby  authorized  to  appoint 
tiers.and  to  examine  special  agents  for  the  purpose  of  oriianizin"-  the  custom-houses  at  ports  of 

oooks.  accounts  etc  .  ii^»~o  i 

'  "entry  and  delivery  on  the  frontiers  between  the  Confederate  States  and 
other  Governments,  and  to  cause  examinations  to  be  made  of  the  books, 
accounts,  money  on  hand  and  general  management  of  all  the  offices  of  the 
several  collectors  of  the  customs,  sub-treasurers,  public  depositories, 
mints,  and  all  other  officers  and  agents  who  may  be  under  the  control  of 
Compensation.  the  Treasury  Department,  as  occasion  may  require,  with  such  compensa- 
tion, not  exceeding  six  dollars  per  day  and  traveling  expenses,  as  he 
may  think  reasonable,   to  be   fixed  at   the  time  of  each   appointment. 


PROVISIONAL  CONGRESS.     Sess.  I.     Ch.  68,  69.     1861.  83 

The  agent  selected  to  make  these  examinations  shall  be  instructed,  in 
all  offices  having  charge  of  public  funds,  to  examine  as  well  the  books, 
accounts  and  returns  of  the  officer,  as  the  money  on  hand  and  the  man- 
ner of  its  being  kept,  to  the  end  that  uniformity  and  accuracy  in  the 
accounts,  as  well  as  safety  to  the  public  moncj^s,  may  be  secured  thereby. 

Sec.  2.  Be  it  further  enacted,  That  this  act  shall  expire  in  two  years     W'^en  this  act  to 
from  the  date  of  its  passage.  expire. 

Approved  March  16,  1801. 


CnAP.  LXVIII. — An  Act  Making  ajipropriation  for  the  service  of  the  Bureau  of  Indian      March  ]6,  ISSl. 

Affairs.  

The  Congress  of  the   Confederate   States  of  America  do  enact,  That     Appropriation   for 
the  following  sum  be,  and  the  same  is  hereby   appropriated,  out  of  any  jjlfreau^'of  "itdiaa 
money  in  the  Treasury  not  otherwise  appropriated,  for  the  service  of  the  Affairs. 
Bureau  of  Indian  Affiiirs,  for  the  year  ending  first  of  March,   eighteen 
hundred  and  sixty-two,  namely  :  For  the  salary  of  the  commissioner  and 
chief  clerk  of  the  liureau  of  Indian  Affiiirs  and   incidental  expenses  of 
the  bureau,  five  thousand  dollars. 

Approved  March  16,  1861. 


Chap.  LXIX. — An  Art  to  amend  an  act  entitled  an  act  authorizinij  the  President  alone  to      March  16,1S61. 

make  certain  appointments.  — 

The  Congress  of  the   Confederate  /States  of  America  do  enact,  That     Appointment    o  f 
the  act  described  in  the  caption  hereof  shall  be  held  and  construed,  to  denT'dming  the"^ 're- 
authorize the   President  to  appoint,  during   the  recess   of  Congress,  all  "^^^^ ''^  *^°°si"csa. 
officers,   civil,   military  and  naval,  establislied  by  law  :  Provided,  such 
apj>ointnicnts  shall  be  submitted  to  the  Congress  when  it  re-assembles, 
for  its  advice  and  consent. 

Approved  March  16, 1861. 


90 


PROVISIONAL  CONGRESS.     Sess.  I.     Res.  1,  2,  3,4.     1861, 


RESOLUTIONS. 


Februarys, If 61.  [Xo.  1.]     A  RcBolution  to  appoint  Mestrt.  Rcid  dk  Shorter  Printer*  to  the  Congrett. 


Public  printers  ap-  Rcsolccd,  That  Mcssrs.  Rcid  &  Shorter  be  appointed  printers  to  thia 
pointed.  Congress  while   it  holds   its  sessions  in  jMontgomery ;  and  Yhat  all  the 

of  work.*"**  ''"'^"^  work  to  be  done  shall,  in  style  and  quality,  equal  that  done  for  the  State 

Compensation.  of  Alabama,  and  shall  be  paid  for  at  the  same  proportionate  rates  of 
compensation. 

Adopted  February  5,  18G1. 


February  8,  iS61.     [J^o.  2.]     A   Itcsohition  accepting  the  appropriation  of  five  hundred  thousand   dollar/, 

made  by  the  General  Aancinili/  of  the  State  o/  Alabama. 


App'^opriation 
State  of  Alabama. 


^^  1st.  Resolved  hi/  the  Confederate  States  of  America  in  Congress 
assemhled,  That  this  Congress  accept  the  liberal  offer  of  the  (icneral 
Assembly  of  the  State  of  Alabama,  to  place  at  the  disposal  of  this  body 
the  sum  of  five  hundred  thousand  dollars,  as  a  loan  to  the  government 
of  the  Confederacy  now  being  formed. 

2d.  Resohcd  hy  the  authority  aforesaid,  That  this  Congress  place  the 
highest  appreciation  upon  this  generous,  patriotic  and  considerate  action 
of  the  State  of  Alabama,  and  realize  in  it  the  zealous  devotion  of  the 
people  of  that  state  to  the  cause  of  "  Southern  Independence.'' 

Adopted  February  8,  18G1. 


February  8,  ISCl. 


[No.  3.]     A  Itcsohition  for  the  preservation  of  the  Records  of  Congress. 


Preamble. 


Whereas,  it  is  necessary  that  the  records  of  this  Congress  be  placed 
in  a  condition  of  safety,  and  those  pertaining  to  proceedings   with 
clo.sed  doors,  in  a  condition  of  secresy  :  Therefore — 
Preservation  of  re-      Rrsoli-rd  hy  the  Confederate  States  of  Anurica  in  Cant/ress  asse^nhkd, 
ongress.    rji|^jj^j.  ^j^^  President  of  Congress  be  and  he  is  hereby  authorized  and  in- 
structed to  make  proper  provision  for  the  purpose  herein  declared. 
Adopted  February  8,  1801. 


February  8,1861.     [No.  4.]     A  Resolution  in  regard  to  the  State  of  North  Carolina,  and  the  Commissioner* 
from  said  State  to  this  Congress. 


Preamble. 


Whereas,  the  people  of  North  Carolina  and  those  of  the  States  rep- 
resented in  this  Congress  have  a  common  history,  a  common  sympathy, 
a  common  honor,  and  a  common  danger;  and,  whereas,  it  is  the 
opinion  and  earn  .jst  desire  of  this  Congi'css  that  the  State  of  North 
Carolina  should  be  united  in  government  with  these  states; — 


PROVISIONAL  CONGRESS.     Sess.  I.     Res.  5,  6,  7,  8.     1861.  91 

Be  it  therefore  resolved,  That  this  Congress  received    with  pleasure    Commissioners 
the  Commissioners  from  the  State  of  North  Carolina,  and  hope  to  pursue  ^'"'^  ^'""^"^  ^'''°"°''- 
such  a  course  of  action  as  shall  commend  itself  to,  and  induce  the  State 
of  North  Carolina  speedily  to  unite  in  our  councils,  and  in  such  govern- 
ment as  shall  be  formed  by  these  states. 

Adopted  February  8,  1861. 


[No.  5.]     A  Resolution  in  relation  to  the  occupation  of  the  forts  and  arsenals,  d'C.  February  12,  ISCl. 

Resolved  hi/  the  Conqress  of  the  Confederate  States  of  America,  That    Questions  between 

J.1  •  i.  J.   1  1        -^       1  ^1  X-  1    1-iE       li-  "'e  Stales  of    this 

tnis  government  takes  under  its  charge  tlie  questions  and  ditnculties  now  co  fcderacy  and  the 
existing  between  the  several  states  of  this  Confederacy  and  the  govern- |^j;J^^^^jg''^"°'°^*"''^» 
ment  of  the  United  States  of  America,  relating  to  the  occupation  of 
forts,  arsenals,  navy  yards,  and  other  public  establishments ;  and  that 
the  President  of  the  Congress  be  directed  to  communicate  this  resolution 
to  the  several  states  of  this  Confederacy,  through  the  respective  gov- 
ernors thereof. 

Adopted  February  12,  1861. 


[No.  6.]     A  Rcsohition  anthorizinr/  the  Secretary  of  Congress  to  arrange  for  publication     February  14, 1861. 

the  Provisional  Constitution  for  the  Government  of  the  Confederate  States  (^'  America,  ~ 

with  the  autograph  signatures  of  the  members  of  Congress,  &c. 

Resolved  hi/ the  Confederate  States  of  America  in  Congress  assemhled,    Pubiicafion  of  Pro- 
That  the  Secretary  of  "Congress  be   allowed  to  have   engrossed  and   ar-;\f°'\'|J,'^°J{;;*,;^';.*;^^^ 
ranged  for  publication  the  Provisional  Constitution  for  the  government  signatures  ana"  flag 
of  the  Confederate  States  of  America,  with  the  autograph  signatures  of  fJa^r^acy." 
the  members  of  Congress,  and   the   flag  and   seal   of  the  Confederacy, 
whenever  adopted. 

Adopted  February  14,  1861. 


[No.  7.]     A  Resolution  to  authorize  the  Judiciary  Committee  to  have  atteh  matter  printed  as     February  14, 1861. 
they  may  desire  to  lay  before  the  Congress,  ' 

Resolved  hi/  the  Confederate  States  of  America  in  Congress  asscmhled,    Printing  for  JudS- 
That  the  Judiciary  Committee  be  authorized  to  have  such  matter  printed 
as  they  may  desire  to  lay  before  the  Congress. 

Adopted  February  14,  1861. 


[No.  8.]     A  Resolution  to  continue  in  office  the  officers  of  the  customs.  February  14,  1861. 

Resolved  h// the  Confederate  States  of  America  in  Congress  asscmhled,     officers  of  customs 
That  until  otherwise   provided,  the  several  officers   connected  with  the  ^""•'""<''i  '"  """"=*'' 

,1      ..  o         L  1    .•  1    •  .         ,  1  n     1  •    w"i    "'elr    present 

collection  ot  customs,  duties  and   imposts  in  the   several  states  of  this  salaries. 
Confederacy,  be  and  they  are  hereby  confirmed  and  continued  as  oflScers 
of  the  gDverument  of  the  Confederate   States  of    America,  with   their 
present  salaries  and  emoluments,  until  the  first  day  of  April  next;  and 
that  the  Secretary  of  the  Treasury  be  instructed  to  report  to  Congress  a 


9e  PROVISIONAL  CONGRESS.    Sess.  I.    Res.  9,  10,  11,  12.     1861' 

Diminution  of  ex-  plan,  to  go  into  eflPcct  at  the  said  date,  whereby  the  expenses  of  collect- 
tbe°rcre°rfue':°""""^ing  t^c  revenue  at  each  custom  house  shall  be  diminished  at  least  fifty 
per  cent. 

Adopted  February  14,  18G1. 


February  14,  ISCl.  [No.  9.]     A  Resolution  giving  certain  powers  to  the  Committee  on  ITaval  Affairs. 


Attendance  of  per-      Resolved  hu  the  Confederate  States  of  America,  vi  Conqress  assembled, 

SODS  before  Commit- mi      ..i         r\  -xi  xt         iirr-i  .i        •        i.  .1  . 

tee  on  Naval  Affairs.  JL  nat  the   Lommittcc   ou  JN aval  Affairs  be  authorized  to  pro(fiire  the  at- 
tendance at  the  scat  of  government  of  all  such   persons  versed  in  naval 
affairs  as  they  may  deem  advisable  to  consult  with  in  the  preparation  of 
•  their  report. 

Adopted  February  14,  18G1. 


February  15, 1S6I.  [Xo.  10.]     A  licsolulion  to  provide/or  printing/or  the  Committees  of  the  Congress. 


Printing  for  the      Resolved  hi/   the    Congress  of  the  Confederate  States  of  America  tn 
of  Congress.  Congress  assembled,  That  each  of  the  standing  committees  of  Congress 

is  authorized  to  cause  to  be  printed  any  matters  Avhich  it  may  deem  re- 
quisite for  the  use  of  the  committee. 

Adopted  February  15,  1861. 


February  15, 1S61.   [No.  11.]     A  liesoliUion  for  tlie  appointment  of  Commissioners  to  the  Government  of  th* 

United  States  of  America. 

Commissioners  to      Resolvcd  hu  the  Confederate  States  of  America  in  Conqress  assembled, 

the    Government  of  .     .  '^  n     i  •     /^  i  •     •  n     i 

the  U.S.  Ihat  it  IS  the  sense  oi  this  Uongrcss  that  a  commission  of  three  persons 

be  appointed  by  the  President  elect,  as  early  as  may  be  convenient  after 
his  inauguration,  and  sent  to  the  government  of  the  United  States  of 
America,  for  the  purpose  of  negotiating  friendly  relations  between  that 
government  and  the  Confederate  States  of  America,  and  for  the  settle- 
ment of  all  questions  of  disagreement  between  the  two  governments, 
upon  principles  of  right,  justice,  equity  and  good  faith. 

Adopted  February  15,  1861. 


February  16, 1861«  [No.  12.]     A  Resolution  for  the  enforcement  of  the  Revenue  Laws. 

Enforcement     of      Resolved  hi/ the  Con  federate  States  of  America  in  Congress  assembled, 
the  Revenue  Laws.    That  the  President  of "  Congress  instruct  the  collectors  of  the  several 
ports  of  this  Confederacy  to  enforce  the  existing  revenue  laws  against 
all  foreign  countries,  except  the  State  of  Texas. 
Adopted  February  16,  1861. 


PEOYISIONAL  CONGRESS.     Sess.  I.     Res.  13,  14,  15,  16.     1861.       93 

[No.  13.]     A  Resolution  to  provide  an  Executive  Mansion,  February  25,  If  61 . 

The  Congress  of  the  Confederate   States  of  America  do  resolve,  That    Executiye  mansion 
that  the  committee  to  arrange  for  government  buildings  be   authorized  *'''^®^^**^^* 
to  lease  a  furnished  mansion   for  the  residence  of  the  President  of  the 
Confederate  States. 

Ai'PROVED  February  25,  18C1. 


[Xo.  14.]     A  Resolution  in  relation  to  patents  and  caveats,  March4, 1S61. 


Resolved  h>/  the  Congress  of  the  Confederate  States  of  America,  That    Speciflcationa,  etc., 
all  persons,  being  citizens  of  the  Confederate  States,  who  may  wish   to  u  s  c'fuT  discoveries 
procure  patents  or  file  caveats  for  inventions  and  useful  discoveries  and  "■ " '^, '"\lV°7':'"^"i'* 
improvements,  may  nle  in  the  omce  oi  the  Attorney  Creneral  a  Specifica- omoe  of  the  Attorney 
tion   of   such   invention,  discovery  or  improvement,  together  with  such  *''^""'''' 
descriptive  drawings  as  may  be  necessary;  and  such  specification,  when    To  operate  as  a  ca- 
so  filed,  shall  operate  as  a  caveat  to  protect  the  rights  of  such  persons, ''■^^'^ 
until  regular  application  can  be  made  according  to  law ;  and  this  resolu- 
tion shall  apply  to  all  patents  heretofore  granted  by  the  United  States  to 
citizens  of  this   Confederacy,  and   to   caveats  heretofore   filed   by  such 
citizens  in  the  Patent  Office  of  the  United  States,  on  such  patents  and 
copies  of  such  caveats  being  deposited,  as  aforesaid,  in  the   office  of  the 
Attorney  General :  Provided,  That  such  applicants   shall  pay  such  fees    ProTiso. 
as  may  hereafter  be  I'cquired   by  law   establishing  a  patent  office,  on  ap- 
plication for  patents  and  filing  of  caveats.  \ 

Approved  March  4,  1861. 


[No.  15.]     A  liesohilion  in  relation  to  international  copt/riijhls.  March  T,  1801. 


Whereas,  Great  Britain,  France,  Prussia,  Saxony  and  other  European    Pieambie. 
Powers,  have  passed   laws  to  secure  to  authors  of  other  states  the 
benefits    and    jirivileges   of   their  copyright  laws,  upon   condition  of 
similar  privileges  being  granted  by  the  laws  of  such  states  to  authors, 
the  subjects  of  the  powers  aforesaid ;  Therefore  be  it 

Resolved  hi/  the  Congress  of  the  Confederate  States  of  America,  That   international  copy 
the  President  be  and  he  is  hereby  authorized   to  instruct  the  Commis- 
sioners appointed    by  him   to   visit  the  l^uropean  Powers,  to  enter  into 
treaty  obligations  for  the  extension  of  international  copyright  privileges 
to  all  authors,  the  citizens  and  subjects  of  the  powers  aforesaid. 
Approved  March  7,  1861. 


[No.  IC]     A  lietolution  to  continnc  the  mints  at  New  Orleans  and  Dahlonega.  March  9,1361. 


Tlie  Congress  of  the  Confederate  States  of  America  do  resolve,  That    ^^'""  j'J^.^'r^"'  ^^ 
the  mints  at  New   Orleans  and   Dahlonega  shall  be  continued,  and  the  '^^"^''"^    '""°  ^ 
proper  arrangements  made  as  soon  as  possible  to  procure  suitable  dies  for    Dies  for  the  coin, 
the  coin  of  the  Confederate  States. 

Resolved  further.  That  the  Secretary  of  the  Treasury  be  requested  to    Appropriation  fo*. 
estimate  and   report  to  Congress  the  lowest  amount  of   appropriation 
neces.sary  to  carry  out  the  above  resolution. 

Approved  March  9,  1861. 


94  PROVISIONAL  CONGRESS.     Sess.  I.     Res.  17,  18,  19.     1861. 

March  12  1861.  [No.  17.]     Resolutions  providing  for  a  digest  of  laws. 

Committee  to  re-  ResolveJ,  That  a  Committee  of  three  memhere  of  this  body  be  ap- 
Tise  tiie  Statute  laws  pQj,j^.g  J  (.Q  j-gyiv^e  the  Statute  laws  of  the  United  States,  and  report,  in 
form  of  a  digest,  such  laws  as  are  applicable  to  this  Confederacy,  to- 
gether with  such  changes  and  modifications  as  they  would  recommend 
for  the  adoption  of  Congress. 

Authoriied  to  em-  Rpsolrcl  farther,  That  the  committee  have  leave  to  sit  during  the 
§e?prinUng.°  °  "'^"  rcccss,  aud  to  employ  such  clerks  and  to  order  such  printing  as  they  may 
require,  and  that  they  be  authorized  to  draw  for  the  same  on  the  appro- 
priation for  the  contingent  expenses  of  Congress. 

Committee   to   be      Resohed  fartlitr.  That  the  couuaittee  be  appointed  by  the  President 

appointed    byt^e^rt 
President  of   C  o  n  -  01   CongreSS. 

«"^''-  Approved  March  12,  ISGl. 


March  14, ISGl.        [No.  IS.]     A  Resolution  acce2)tiiig  c-i-tain  funds  tendered  to  the  Confederate  States  hy  th* 
— — -  ^V((/e  of  Louisiana. 


Preamble.  "Whorcas,  the  Convention  of  the    State  of  Louisiana    has   adopted 

an  ordinance  as  follows,  to-wit : 

"  An  ordinance  to  transfer  certain  funds  to  the  government  of  the 
Confederate  States  of  America. 

"  Section  1.  It  is  herehj/  ordainril,  That  the  sum  of  three  hundred 
and  eighty-nine  thousand  two  hundred  and  sixty-seven,  forty-six  one 
hundredths  dollars,  now  in  the  hands  of  A.  J.  Guirot,  State  Depositary, 
and  known  as  the  '  Bullion  Fund,'  be  transferred  to  the  government  of 
the  Confederate  States  of  America,  and  that  said  depositary  be  aud  he 
is  hereby  authorized  and  instructed  to  pay  said  sum  ujion  the  order  of 
the  Secretary  of  the  Treasury  of  said  Confederate  States. 
Funds  tendered  to  "  Sec.  2.  It  is  further  ordained,  That  the  sum  of  one  hundred  and 
oAouisiana.'^'' *  ^forty-seven  thousand  five  hundred  and  nineteen  dollars  and  sixty-six 
cents,  being  the  balance  received  by  said  State  Depository  from  the  cus- 
toms since  the  thirty-first  of  January  last,  be  transferred  to  said  gov- 
ernment and  paid  by  said  depo.sitary  upon  the  order  of  said  Secretary  of 
the  Treasury  of  the  Confederate  States." 

Be  it  therefore  resolved  iy  the  Conr/ress  of  the  Confederate  States  of 
Amerir.aj  That  the  Congress  accepts  with  a  high  sense  of  the  patriotic 
liberality  of  the  State  of  Jjouisiana,  the  funds  so  generously  tendered  to 
the  treasury  of  the  Confederate  States,  and  profiercd  in  the  ordinance 
aforesaid. 

Approved  March  14,  18G1. 


March  15, 18G1.       [No.  19.]     Resolutions  in  reftrence  to  forts,  doclc-ynrds,  reservations  and  property  ceded 
•  to  the  Confederate  States. 


Cession  by  the  Resolved  hy  the  Congress  of  the  Confederate  States,  That  the  Con- 
nJal^navy  yards^etc!  o^'Gss  do  rccommend  to  the  respective  States  to  cede  the  forts,  arsenals, 
navy-yards,  dock-yards  and  other  public  establishments  within  their 
respective  limits  to  the  Confederate  States,  and  moreover,  to  cede  so 
much  of  the  lands  reserved  heretofore  by  the  government  of  the  United 
States,  or  other  public  vacant  lands  in  their  respective  limits  as  may  be 
necessary  fur  timber  or  lumber  for  naval  or  other  purposes  of  public 
concern ;  and  that  the  President  of  Congress  be  requested  to  communi- 


PROVISIONAL  CONGRESS.     Sess.  I.     Res.  20,  21.     1861.  95 

cate  these  resolutions  and  tlic  accompanying  report  to  the  governors  of 
the  respective  States. 

Resolved  further,  That  in  case  of  such  cession,  the  President  be  and  president  to  tak« 
is  hereby  authorized  and  empowered  to  take  charge  of  any  such  property  charge  of  the  pro- 
ceded,  pertyce 

Approved  March  15,  1861. 


[No.  20.]     Jiesolulions  in  relation  to  the  contingent  fund  of  Cohgreta.  March  15, 1861. 


1st.  Resolved  bi/ the  Congress  of  the   Confederate  States  of  America,    Disbursement    of 
That  the  disbursement  of  the  contingent  fund   of  Congress  be  placed  of^congress.'^'' 
under  the  direction  and  control  of  the  Secretary,  subject  to  the  approval 
of  the  committee  on  accounts. 

Resolved  further,  That  estimates  shall  reffularly  be  submitted  bv  the    To  be  made  in  ac- 

•   T  •  cordincc  with  th6  C9~ 

Secretary,  and  no  disbursements  of  the  contingent  fund  shall  hereafter  timates  of  the  Secru- 
be  audited   by  the  committee   on   accounts,  except^^  in  accordance  with  *^'*'^y- 
Buch  estimates. 

Resolved  further,  That  the  Secretary,  at  the  next  meeting  of   this    Report  by  Sccro- 
Congress,  shall  submit  a  detailed  and  particular  statement  of  the  pay- ''*'^^ '°   ongiesa. 
ments  made  and  authorized  by  him  from  the  contingent  fund  of  Con- 
gress. 

Approved  March  15,  1861. 


[No.  21.]  A  Resolution  to  provide  for  the  auditing  and  payment  of  certain  claims  against     March  16, 1861. 

the  Congress.  ' 

Resolved  hy  the  Congress  of  the  Confederate  States  of  America,  That .  Auditing  and  pay- 
Ilon.  William  P.  Chilton,  the  resident  member  of  the  committee  on  ac-agaiustriie'cong'ress. 
counts,  be  authorized  to  audit  and  allow  the  accounts  against  the  Congress 
which  have  not  been  audited  and  allowed — the  Secretary  of  the  Con- 
gress to  act  with  said  member  of  said  committee;  and  claims  audited 
and  allowed  by  them  to  be  paid  on  the  order  of  said  Chilton,  for  said 
committee,  countersigned  by  said  Secretary;  and  this  resolution  to  operate 
only  during  the  recess  of  Congress. 

Approved  March  16,  1861. 


PROVISIONAL  CONGRESS.     Sess.  I.     Ch.  1.     Res.  1.     1861.  97 


PRIVATE  ACT  OF  THE  PROVISIONAL  CONGRESS 


OF    THE 

CONFEDERATE    STATES. 

Passed  at  the  first  session  of  the  Provisional  Congress,  n-hich  icas  hcgun 
and  held  at  the  City  of  Montgomery,  on  Monday,  February  4,  ISGl, 
and  continued  to  March  16,  1861. 

Jefferson  Davis,  President.  Alexander  H.  Stephens,  Vice  Pre- 
sident of  the  Confederate  States.  Howell  Cobb,  President  of  the 
Congress. 


'  Chap.  I.— An  Act  for  the  relief  of   William  P.  Bavhcr.  February  25,  1881. 

Section   1.    The  Congress  of  the  Confederate  States  of  America  do ^^^'^^'^■^■^^^^'^J'^^: 
enact,  That  William  P.  Barker,  a  citizen  of  the  State  of  Alabama,  be  fication  of  his  inren- 
authorizcd  to  file  in  the  office  of  the  Attorney  General,  a  specification  of  ^'''"' 
an  invention  claimed  to  have  been  made  by  him,  as  an  improvement  in  the  * 
mode  of  castin<r  ordnance:  and  that  the  same  shall,  from  this  date,  ope-    P®  ^^™^  *".  "p*" 

'^  ,  .  ...  .  .,'  1.        .  ,      r.ate  as  a  cavBai. 

rate  as  a  caveat,  to  protect  his  said  invention,  until  an  application  can  be 
made  for  a  patent  according  to  law. 
Approved  February  25,  18G1. 


RESOLUTIONS. 


[No.  1.]     A  lienolulion  for  the  relief  of  J.  M.   Waldeti,  a  citizen  of  Georgia.  February  16,  1661. 

Resolved  by  the  Confederate  States  of  America  in  Congress  assembled,  J- .^^-^  WaUen  au- 
That  J.    M.  Walden,  a  citizen  of  the  State  of  Georgia,  be  and   he  isve:it,    etc,  fir  tho 
hereby  authorized  to  file  with  the  Attorney  General,  a  caveat,  accom-j^J^lfg^j^'J',^"^ °j^J '^Yi?.' 
panied  by  suitable  drawings  and  explanations,  setting  forth  the  design  loadswitchei. 
and  purpose    thei^uf,  fur  the  protection  of  an   improvement  claimed  to 
have  been   made  by  him  in  railroad   switches;  and   that  said  caveat,        ' 
when  so  filed  a.s  aforesaid,  shall  be  effectual  to  protect  his  rights  to  said 
invention,  until  a  patent  office  shall  have  been  established  :  Provided,  That    ProTif^ 
as  soon  as  said  office  is  established,  said  caveat  shall  be  filed  with  the  com- 
missioner thereof,  and  such  proceedings  had  thereon  as  may  be  authorized 
by  law. 

Adopted  February  16,  1861. 

7 


98  PROVISIONAL  CONGRESS.     Sess.  I.     Res.  2.     1862. 

March  15, 1861.  [Xo.  2.]     A  Resolution  to  jmy  certain  naval  officers  their  traveling  erpensci. 


Samnel  Rousseau  SECTION  1.  The.  Congress  of  the  Confederate  States  of  America  do 
and  otherB,  I  ute  resolfe,  That  the  Secretary  of  the  Navy  be  and  he  is  hereby  authorized 
officers  of  the  U.  jq  pj,y  to  Samuel  Rousseau,  Joseph  Tatnall,  Victor  M.  Randolph.  J.  D. 
tlicirT  uvelino-^cx-  Ingraham  and  Raphqal  Semmes,  late  officers  of  the  navy  of  the  United 
peuscs.  °       States,  who  were  summoned  to  this  city  by  the  committee  on  naval 

afiairs,  in  pursuance  of  authority  conferred  on  said  committee  by  a  reso-. 

lutiou  of  this  body  adopted   on  the  fourteenth  day  of  February,  one 

thousand  eight  hundred  and  sixty-one,  their  traveling  expenses  at  the 

rates  prescribed  by  law. 

ArPROVED  March  15,  18G1. 


TROVISIONAL  CONGRESS.     Sess.  II.     Cii.  1,2.     18G1.  99 


PUBLIC  ACTS  OF  THE  PROVISIONAL  CONGRESS 


OF    THE 


CONFEDERATE     STATES, 

Passed  at  the  scc.07id  session  of  the  Provviional  Caugrrps,  irhich  was  hcjiin 
and  held  at  the  citi/  of  Moatijvmery^  on  Mundcu/^  the  ticcnti/-ninth  dojf 
day  of  Aprdy  18G1,  and  ended  on  the  ttcenfy-frst  day  of  May,  18G1. 

Jefferson  Davis,  President.  Alkxandkr  H.  SrErnENS,  Vice-Presi- 
dent of  the  Confederate  States.  Howell  Conn,  President  of  tlic 
Contrress. 


STATUTE  II. 

CnAP.  I. — An  Act  to  ^yrovidc /or  the  appointment  of  chaplains  in  the  arrny.  Mav  '    1''67 


Section!.  The  Congress  of  the.  Confederate  States  of  America  do  Chnplains  in  lh>» 
enact,  That  there  shall  be  appointed  by  the  President  such  number  of  chap-  Army, 
lains,  to  serve  with  the  armies  of  the  Confederate  States  during  the  exist- 
ing war,  as  he  may  deem  expedient;  and  the  President  shall  assign  them  to 
such  regiments,  brigades  or  posts  as  ho  may  deem  necessary;  and  the  ap- 
pointments made  as  aforesaid  shall  expire  whenever  the  existing  war  .shall 
terminate. 

Sec.  2.  The  monthly  pay  of  said  chaplains  shall  be  eighty-five  dollars;     Their  mtnihly 
and  said  pay  shall  be  in  lull  of  all  allowances  whatever.  p:iy. 

Approved  May  8,  1861 


Chap.  II. — An  Act  providing  for  a  rrg{}nrnt  of  Zouaves  in  the  Aimj  of  the  Confederate      M.av  4    li^CI 

States.  L 


T/ie  Congress  of  fhc    Confederate    States  of  Am ■'rica,   do  enact,  That     Ko;;iinont  of 
there  shall  be  added  to  the  military  establishment  of  the   Confederate  ""u^'ves  added  to 
States,  one  regiment  of  Zouaves,  to  be  composed  of  one  colonel,  one  Ji<^''i-iishment  "^^  ca  a  - 
tenant-colonel,  one  m;ijor,  and  ten   companies  ;  and  each  company  shall 
consist  of  one  captain,  one   first  lieute;iant,  two  second  lieutenants,  one 
sergeant  major,  one  quartermasters  sergeant,   lour  sergeants  and  eight         ^^^  allow- 
corporals,  and  ninety  privates.     And  to  the  I'cgiment  there  shall  be  at-ances. 
tached  one  adjutant  and  a  quartermaster,  to  be  selected  from  the  lieu- 
tenants.    And  one  assistant  surgo;)n  shall  be  appointed  for  the  regiment, 
in  addition   to   those  already  authorized  by  law  for  the  medical  depart- 
ment.    The  monthly  pay  of  the  officers  of  the  regiment  of  Zouaves  shall 
be  the  same  as  that  of  officers  of  infantry  of  the  same  rank  ;  the  allow- 
ances shall  also  be  the  same  as  those  provided  bylaw  for  officers  of  infan- 
try ;  and  the  adjutant  and  quartcrm.aster  shall   receive  ten   dollara  per 
month  in  addition  to  their  pay  as  lieutenants.     The  monthly  pay  of  the 


100  TROVISIONAL  CONGRESS.     Sess.  II.     Ch.  3.     18G1. 

enlisted  men  of  said  regiment  of  Zouaves  shall  be  as  follows  :  sergeants 
major  and  quartermaster's  sergeants,  twenty  dollars ;  sergeants,  seven- 
teen dollars  ;  corporals,  thirteen  dollars  ;  and  privates,  eleven  dollars 
each  ;  together  with  the  same  rations  and  allowance  for  clothing  as  are 
received  by  all  other  enlisted  men. 
Appro VED  3Iay  4,  1861. 


May  C,  I'Gl.  CnAr.  III. — An  art  recr>-jnizin(i  the  existence  of  war  between  the  United  Slates  and  the 
Confederate  Statei<;  and  concerninj  letters  of  marque,  prizes  and  prize  goods. 

Preamble.  V>'hcreas,  the  earnest  efforts  nuule  by  this  Government  to  establish  friend- 

ly relations  between  the  Govornnient  of  the  United  States  and  the 
Confederate  States,  and  to  settle  all  questions  of  disagreement  between 
the  two  Governments  upon  principles  of  right,  justice,  equity  and  good 
faith,  have  proved  unavailing  by  reason  of  the  refusal  of  the  Govern- 
ment of  the  United  States  to  hold  any  intercourse  with  the  commissioners 
appointed  by  this  Government  for  the  purposes  aforesaid,  or  to  listen  to 
any  proposal  they  had  to  make  for  the  peaceful  solution  of  all  causes  of 
difficulty  between  the  two  Governments  ;  and  ichrrrai^,  the  President  of 
the  United  States  of  America  has  issued  hisproclamation  making  requi- 
sition upon  the  States  of  the  American  Union  for  seventy-five  thousand 
men  for  the  purpose,  as  therein  indicated,  of  capturing  forts  and  other 
strongholds  within  the  jurisdiction  of,  and  belonging  to  the  Confederate 
States  of  America,  and  has  detailed  naval  armaments  upon  the  coasts 
of  the  Confederate  States  of  America,  and  raised,  organized  and  equip- 
ped a  large  military  force  to  execute  the  purpose  aforesaid,  and  has 
issued  his  other  proclamation  announcing  his  purpose  to  set  on  foot  a 
blockade  of  the  ports  of  the  Confederate  States  :  and  ichcreas,  the 
State  of  Virginia  has  seceded  from  the  Federal  Union  and  entered 
into  a  convention  of  alliance  offensive  and  defensive  with  the  Confed- 
erate States,  and  has  adopted  the  Provisional  Constitution  of  the  said 
States;  and  the  States  of  3Iaryland,  North  Carolina,  Tennessee,  Ken- 
/  tucky,  Arkansas  and  Missouri,  have  refused,  and   it  is  believed  that 

the  State  of  Delaware  and  the  inhabitants  of  the  territories  of  Arizona 
and  New  Mexico,  and  the  Indian  territory  south  of  Kansas,  will  re- 
fuse to  co-operate  with  the  Government  of  the  United  States  in  these 
acts  of  hostilities  and  wanton  aggression,  which  are  plainly  intended 
to  overawe,  oppress  and  finally  subjugate  the  people  of  the  (confed- 
erate States;  and  vhercas,  l:)y  the  acts  and  means  aforesaid,  war  exists 
between  the  Confederate  States  and  the  Government  of  the  United 
States,  and  the  states  and  territories  thereof,  except  the  States  of 
Maryland,  North  Carolina,  Tennessee,  Kentucky,  Arkansas,  Missouri 
and  Delaware,  and  the  territories  of  Arizona  and  New  Mexico,  and 
the  Indian  territory  south  of  Kansas :  Therefore, 
Section  1.  The  Concjress  of  the  Ci)vfcd''rate  States  of  America  do 
enact.     That  the  President  of  the  Confederate  States  is  hereby  au- 

Prc&idcnt  author-  thorized  to  use  the  whole  land  and  naval  force  of  the  Confederate  States 

lied    to    "se   the  to  jjjg(.t,  the  war  thus  commenced,  and   to   issue  to  private  armed  vessels 

v.-|iolo  Land  and  na-  •     •  i    ,.  i>  j  i  •     i    •  \    v 

ral  forces.  Commissions,  or  letters  oi  marque  and   general  reprisal,  in  such  lorm  as 

And  to  issue  let-  ^^^  f^hall  think  proper,  under  the  seal  of  the  Confederate  States,  against 
t<T3of  marque  and  the  vcsscls,  goods  and  effects  of  the  government  of  the  United  States, 
reprisal.  j^^^j    ^f    j.}jq     citizens     or    inhabitants    of    the    states  and    territories 

ProYiso,  a  s  t  o  ^.]^gj.gQf^  except  the  states  and  territories  herein  before  named:  Pro- 
»ucinj.  vided,  however,   That   property  of  the  enemy  (unless  it  l)e  contraband 

Further  proTiao  °^  ^^0  ^^^^en  on  board  a  neutral  vessel,  shall  not  be  subject  to  seizure 
u    to    Tesscls  of  under  this  act :  And  provided  further ,  That  vessels  of  the  citizens  or 


PROVISIONAL  CONGRESS.     Sess.  II.     Cn.  5.     1861.  101 

inhabitants  of  tlie  United  States  now  in  tlio  ports  of  the  Confederate  citizens  of  the  U. 
States,  except  such  as  have  been  since  the  fifth  of  April  last,  or  may  ^- ""^  i"^^T<^''^ 
hereafter  be,  in  the  service  of  the  government  of  the  United  States, 
shall  be  allowed  thirty  days  after  the  publication  of  this  act,  to  leave 
said  ports  and  reach  their  destination  ;  and  tuch  vessels  and  their  car- 
goes, excepting  articles  contraband  of  war,  shall  not  be  subject  to  cap- 
ture under  this  act  during  said  period,  unless  they  shall  have  previously 
reached  the  destination  for  which  they  were  bound  on  leaving  said 
ports. 

Sec.  2.  That  the  President  of  the  Confederate  States  shall  be  and     Trcsident  may 
he  is  hereby  authorized  and  empowered   to  revoke  and  annul,  at  plea- J^'^^^^^^^  J^'^''^.^^^^ 
Bure,  all  letters  of  marque  and  reprisal  which  he  may  at  any  time  grant  gai. 
pursuant  to  this  act. 

Skc.  3.  That  all  persons  applying  for  letters  of  marque   and  reprisal,     Applications  for 

pursuant  to  this  act,  shall  state  in  writing  the  name  and  a  suitable  de-^'"'V*^  "^  wI'^'k^ 
i     .      .  '  ,  /.I  1  11  11         '■''T'  I'eprisal  to  be 

ecription  ot  the  tonnage  and  lorcc  or  tiie  vessel,  and  the  name  and  place  in  writing.    What 

of  residence  of  each  owner  concenicd  therein,  and  the  intended  num- to  be  stated, 
ber  of  the  crew ;  which  statement  shall  be  signed  by  the  person  or  per- 
sons m:iking  such  apjjlication,  and  filed  with  the  Secretary  of  State,  or 
shall  be  delivered  to  any  other  officer  or  person  who  shall  be  employed 
to  deliver  out  such  commissions,  to  be  by  him  transmitted  to  the  Secre- 
tary of  State. 

Skc.  4.  That  before  any  commission  or  letters  of  marque  and  repri-  .  ^"nJ  »i»<l  sccn- 
sal  shall  be  issued  as  aforesaid,  the  owner  or  owners  of  the  ship  or  vcs-^^J^.jJ  owucis  o 
sel  for  which  the  same  shall  be  reqtiested,  and  the  commander  tlicj'eof 
for  the  time  being,  shall  give  bond  to  the  Confederate  States,  with  at 
least  two  responsible  sureties  not  interested  in  such  vessel,  in  the  penal 
gum  of  five  thousand  dollars,  or  if  such  vessel  be  provided  with  more 
than  one  hundred  and  fifty  men,  then  in  the  penal  sum  of  ten  thousand     Penally  and  con- 
dollars,  with  conditieu  that  the  owners,  oflicers  and  crcv/ who  shall  be ' '^""^' 
employed  on  board  such  commissioned  vessel,  shall  and  will  observe  the 
laws  of  the   Confederate  States,  and  the   instructions  which    shall  be 
given  them  according  to  law  for  the  regulation  of  their  conduct,  and 
will  satisly  ail  damages  and  injuries  which  sh.all  be  done  or  committed 
contrary  to  the  tenor  thereof,  by  such  vessel  during  her  commission,  and 
to  deliver  up  the  same  when  revoked  by  llie  President  of  the  Confede- 
rate States. 

Sec.  5.  That  all  captures  and  prizes  of  vessel^  and   property  shall  be   F>>i-ft-i;inc  of  <-ap- 

<>     P  •,    J        1111  i     ii  tc  1  j»  ii  1    fiircs  ;inil  itrines  of 

lorleitedana  shall  acertie  to  the  owners,  otneers  and  crews  ot  the  vessels  ^.^^gp,^  ^^[^   ^^^^^ 

by  whom  such  captures  and  prizes  shall  be  made,  and  on  due  condemna- property. 

tion  had,  shall  be  distributed  according  to  any  written  agreement  which     Distribution^ of 

shall  be  made  between  them;  and  if  there  be  no  such  written  agree- P'"'''^^- 

ment,  then  one  moiety  to  the  OAvners  and  the  other  moietj-  to  the  officers 

and  crew,  as  nearly  as  may  be,  according  to  the  rules  prescribed  for  the 

distribution  of  prize  money  by  the  laws  of  the  Confederate  Stales. 

Sec.  6.  That  all  vessels,  goods  and  efiects,  the  property  of  any  citi-  "^'essnls  and  ofh- 
zen  of  the  Confederate  States,  or  of  persons  resident  within  and  tinder  |"J^.[|^'^^^"j-'  [],l  q^^ 
the  protection  of  the  Confederate  States,  or  of  persons  jtei'manently  and  certain  other 
within  the  territories  and  under  the  protection  of  any  foreign  prince,  I'^rs on  s,  recap- 
government  or  state  in  an)ity  with  the  Confederate  States,  which  shall  ''y"" ;  *°  ®  "" 
1  1  1  1        1       IT    ■      1  CI  1      1  •   1      1     11  1  1  '^'^"c'  toowucrson 

have  been  captured  by  the  United  States,  and  which  shall  be  recaptured  ih  e   paymi;nt  of 

by  vessels  commissioned    as   aforesaid,   shall  be  restored   to  the  lawful  salvage. 

owners,  upon  payment  by  them  of  a  just  and  reasonable  salvage,  to  be 

determined  by  the  mutual  agreement  of  the  parties  concerned,  or  by  the 

decree  of  any  court  having  jurisdiction,  according  to  the  nature  of  each 

case,  agreeably  to  the  provisions  established  by  law.     And  such  salvage    ^'  ''"''j'^'-i*^"    of 

shall  be  distributed  among  the  owners,  officers  and  crews  of  the  vessels  '  ''"'^^' 


102  PROVISIONAL  CONGRESS.     Sess.  II.     Cn.  3.     1861. 

cimmissioncd  as  aforesaid,  and  making  such  captures,  according  to  any 

written  agreement  which  shall  be  made  between  theiu ;  and  in  case  of 

no  such  agreement,  then  in  the  same  manucf  and  upon  the  principles 

herein  before  provided  in  cases  of  capture. 

VesRol   to   bo      Skc.  7.  That  before  breaking  bulk  of  any  vessel  which  shall  be  cap- 

bri'.ight  into  port^Q^^d  as  aforesaid,  or  other  disposal  or  conversion  thereof,  or  of  any  ar- 

buik*      **  '  "    '  tides  which  shall  be  found  on  board  tlie  same,   such  captured  vessel, 

and  proceeded K'^o*^^  or  effects  shall  be  brought  into  some  port  of  the  Confederate 

agaiiist   before    a  Stafcs,  or  of  a  uatiou  or  state  in  amity  with  the  Confederate  States,  and 

competent  tnbua  1.  ^IjpII  |.Q  pj.QP(jg(jQf|  gg.^l,,,^  |jjjfy,.g  .j^  competent  tribunal;  and  after  con-' 

Condomnation  Jq,2.j2j_j^^j^  and  forfeiture  thereof  shall  belong  to  the  owners,  officers  and 
and lurici lure.  „  ,,  ,  .         ,  i  i       !•       -i  i        i     r. 

cr(^w  or  the  vessel  capturing  the  same,  and  be  distributetl  as  berore  pro- 
vided ;  and  in  the  ca-o  of  all  captured  vessels,  goods  and  cifects  which 

D;s!riot    C<""-ts<5]i.^|i  )^Q  l^j-ought  within  the  jurisdiction  of  the  Confederate  States,  the 

to  have   os^liisivo  ,.       .  /»  'i      /-»      ,.   V  n  i     n    i  i      •  •    •      t 

ori-in;il   cu -a  i- district  courts  ot  tiie  Coulcdcratc  States  shall   have  exclusive  original 

»ai>2o.  cognizance  thereof,  as  in  civil  canines  of  admiralty  and  maritime  juris- 

diction ;  and  the  said  courts,  or  the  courts,  being  courts  of  the  Confed- 
.  crate  States,  into  which  such  cases  shall  be  removed,  and  in  which  they 

max'  dccrcs  nsti- '^'^'''^^  ^°  finally  decided,  shall  and  may  decree  restitution  in  whole  or  in 
tution,  part,  when  the  capture  shall  have  been  made  without  just  cause.     And 

and  damages  if  made  without  probable  cause,  may  order  and  decree  damages  and 
aad  costi.  costs  to  the  party  injured,  for  which  the  owners'  apd  comniandors  of  the 

vessels  making  such  captures,  and  also  the  vessels,  shall  be  liable. 

Persons  on  cap-  Skc.  8.  That  all  persons  found  on  board  any  captured  vessels,  or  on 
tared  or  iccnptu red  |jQj,j.(j  j^^y  recaptured  vessel,  shall  be  reported  to  the  collector  of  the  port 
ported  to  the  col- ''^  *^^  Confederate  States  in  which  they  shall  fil-st  arrive,  and  shall  be 
lector  of  iho  pr)r;,  delivered  into  the  custody  of  the  marshal  of  the  district,  or  some  court 
and  delnerod  lutoor  militaiy  officer  of  the  Confederate  States,  or  of  any  state  in  or  near 
marsluil'*  ac'.'  °  such  port,  who  shall  take  charge  of  their  safe  keeping  and  support,  ati 
the  expeuf^e  of  the  Confederate  States. 

In?iruclio:)3  by  Shc.  9.  That  the  President  of  the  Confederate  States  is  hcrcljy  au- 
««?„^='^«„'V  !^,,.„"  thorizod  to  establish  and  order  suitable  instructions  for  the  better  ji-ov- 
of  Tes3els  commis-crning  and  directing  the  conduct  of  the  vessels  so  commissioned,  their 
sion^d.  officers  and  crews,  copies  of  which  shall  be  delivered  by  the-  collector  of 

Copies  to  be  do-  the  customs  to  the  commanders,  when  they  shall  give  bond  a?  before 

liverod  bv   coilcc-  •  i    a  ^  o 

tors    of    the    cus-F<^^'"Cd. 

toms.  Sec.  10.  That  a  bounty  shall  be  paid   by  the  Confederate  States  of 

Bounties  uUow-  twenty  dollars  foi*  each  person  on  board  any  armed  ship  or  vessel, 
*<^-  belonging  to  the  United  States,  at  the  commencement  of  an  engagement, 

which  shall  be  burnt,  sunk  or  destroyed  by  any  vessel  commissioned  as 
*  aforesaid,  which  shall  be  of  equal   or  inferior  force,  the  same  to  bo  di- 

vided as  in  other  cases  of  prize  money;  and  a  bounty  of  twenty-five 
dollars  shall  be  paid  to  the    owners,   officers  and   crews  of  the  private 
armed  vessels  commissioned  as  aforesaid,  for  each  and  every  prisoner  by 
them  captured  and  brought  into  port,  and  delivered  to  an  agent  author- 
To  bo  paid  by  ized  to  receive  them,  in  any  port  of  the   Confederate   States;  and  the 
*,^*'..,^''*^'^'''""^^  '^'^ Secretary  of  the  Treasury  is   hereby  authorized   to  pay  or  cause  to  be 
paid  to  the  owners,   officers  and   crews   of  such   private   armed  vessels 
commissioned  as  aforesaid,  or  their  agent,  the  bounties  herein  provided. 
Commnndinn-offi-      ^^'■^-  ^^-  That  the  commanding  officer  of  every  vessel  having  a   com- 
cor  of  vesserbav- mission  or  letters  of  marque  and   reprisal,  during  the  present  hostilities 
ins  a  commission  between  the  Confederate  States  and  the  United  States,  shall  keep  a  re- 
an  d  ropris'al.'^'^'to  S*^^^^  journal,  containing  a  true  and  exact  account  of  his  daily  proceed- 
kcep  a  rcgularings  and  transactions  with  such  vessel  and  the  crew  thereof;  the  ports 
journal.   V/ ha  t  thj  and  places  he  shall  put  into  or  cast  anchor  in;  the  time  of  his  stay  ■ 
journa  ^o  o*^"'*  "•  there  and  the  cause  thereof ;  the  prizes  he  shall  take   and   the  nature 
and  probable  value  thereof;  the  times  and  places  when  and   where 


PROVISIONAL  CONGRESS.     Sess.  II.     Cii.  3.     1861.  103 

taken,  and  in  what  manner  he  shall  dispose  of  the  same  ;  the  sliips  or 
vessels  he  shall  fall  in  with  ;  the  times  and  places  when  and  where  he 
shall  meet  with  them,  and  his  observations  and  remarks  thereon  ;  also,  of 
whatever  else  shall  occur  to  him  or  any  of  his  offi.;ers  or  marine,  or  be 
discovered  by  examination  or  conference  with  any  marines  or  passengers 
of  or  in  any  otherships  orvessels,orbyany  othermeans  toviching  the  fleets, 
vessels  and  forces  of  the  United  States,  their  posts  an-l  places  of  station  On  arrival  iuto  . 
and  destination,  strenoth,  numbers,  intents  and  designs;  and  such  com- P<"-t  to  produce  his 
^       '         ,,'^.     '       ,.       ,     '       ,  .  •      1  •  L      c  ly        n        commission     and 

mandmg  officer  shall,  immediately  on  his  arrival  m  any  port  ot  the   <^p»- deliver  up  Lis  jour- 
federate  States,  from  or  during  the  continuance  of  any  vayage  or  cruise,  ual. 
produce  his  commission  for  siu  h  vessel,  and  deliver  up  such  journal  so 
kept  as  aforesaid,  signed  with  his  proper  name   and   haul-writing,  to  ^^^<^ ^^^^^'"',^7 ,° ^  J^oJ 
collector  or  other  chief  offii.'er  of  the  customs  at  or  nearest  to  such  port ;  ^"^^.^'^^^^j^^.f^^  °^ 
the  friith  of  which  journal  shall  be  veiified  by  the  oath  of  the  command- acoount of  thoofli- 
ing  oflicer  for  the  time  being.      And  such  collector  or  other  chief  olfi  ;er  cers  and  mon,  tho 
of  the  customs  shall,  immediately  on  the  arrival  of  such  vessel,  order  the  j^^'™'''''^  "^  S'^"^' 
proper  officer  of  the  customs  to  go  on  board  and  take  an  account  of  the     y^g^gi   not  to 
ofHcers  and  men,  the  number  and   nature  of  the  gnus,  and  whatever  else  icavc  port  till  jour- 
shall  o.'cur  to  him  on  examination  material  to  be  known  ;  and  nosuch  ves-nal  shall Uuve been 
sel  shall  be  permitted  to  sail  out  of  port  again  until  such  journal  shall  l'ave^^^J["*j!|.|'^^^^^^^^ 
been  delivered  up,  and  a  certificate  obtained  under  the  hand  of  such  co1-jy,„u  offioor  of  tho 
lector  or  other  chief  officer  of  the  customs  that  she  is  maimed  and  armed  customs, 
according  to  her  commission  ;  and  upon  delivery  of  such  certificate,  ''^"J  ^^^^^^ruJerod: 
former  certificate  of  a  like  nature  which   shall  have  been  obtained  by  the  „p 
commander  of  such  vessel,  shall  be  delivered  up. 

Sec.  12.  That  the  commanders  of  vessels  having  lett<;rs  of  marque  ''^'i^j^iec'tC.g  t»  k' op°> 
reprisal  as  aforesaid,  neglecting  to  keep  a  journal   as  aforesaid,  or  wilfully  journal,  or  wilfully 
niakiir.'  frau  lulent  entries  therein,  or  obliterating  the  record  of  anv  mate- makiug  fraudulent 
rial  transactions  contained  therein,  where  the  interest  of  the  Confederate  ^'^t'-^««t'^°'^«'"'°t°- 
States  is  concerned,  or  refusing  to  produce  and  deliver  sucdi  journal,  com- 
mission or  certificate,  pursuant  to  the  preceding  section  of  this  act,  then 
and  in  such  cases  the  commissions  or  letters  of  marque   and  reprisal  of 
such  vessels  shall  be  liable  to  be  revoked  ;  and  such  commander^,  ri^s'-yec- 
tively,  shall  forfeit  for  every  such  offence  the  sum  of  one  thousand  dollars, 
one  moiety  thereof  to  the  use  of  the  Confederate  States,  and  the  other 
to  the  informer. 

Sec.  13.  That  the  owners  or  commanders  of  vessels  having  letters  of    PcnaHy  for  vlo- 
marque  and  reprisal  as  aforesaid,  who  shall  violate  any  of  the  acts  of  ['^{'"S. tho  acts  for 

^       *  •        1  II       •  /•    1  /•    1      /-I      i"   1       i     ci   i  ,  tho   collection    of 

Congress  for  tlie  collection  ot  tlie  revenue  ot  tiie  uontederate  States,  and  d^g  rovcnnc  ind 
for  the  ])revention  of  smuggling,  shall  forfeit  tlie,  commission  or  letters  of  tho  prevention  of 
marque  and  reprisal,  and  they  and  tho  vessels  owned  or  commanded  by  ^"^"Si""©- 
them  shall  be  liable  to  all  tho  penalties  and  forfeitures  attaching  to  mer- 
chant Tcssels  in  like  cases, 

Sbc.  14.  That  on  all  goods,  wares  and  merchandise  captured  and  made    Deduction  allow- 
good  and  lawful  prizes  of  war,  bv  anv  private  armed  ship  liaving  commis-'-''^  °/  duties  on 
•  1    ^x  ,>  1  •     "i         1       .1  •         .  11  r  i  •    £     ii      Roods  captured  ind 

sion  or  letters  ot  marque  and  reprisal  under  this  act,  and  brouglit  into  the  JJj,^,io      lawful 

Confederate  States,  there  shall  be  allowed  a  deduction  of  thirty-three  aud  prizes, 
one-third  per  cent,  on  the  amount  of  duties  imposed  by  law. 

Sec.  15.  That  five  per  centum   on   the  net  amount  (after  deducting  all     Five  per  cent,  on 
charges  and  expenditures)  of  the  prize  money  arising  from  captured  ves-  *^'o  "ct  am:iu  t  of 

II  1  .1  1.  i.      x-"ii  i'  CI  J  P'"izo    money   and 

sels  and  cargoes,  and  on  tlie  net  amount  of  the  salvage  ot  vessels  <^»<1  gaWatro  to  b'a  paid 

cargoes  recaptured  by  the  private  armed  vessels  of  the  Confederate  States,  to    collectors    of 

shall  be  secured  and  paid  over  to  the  collector  or  other  chief  officer  of  the  customs,    oonsuis, 

customs,  at  the  port  or  place  in  the  Confederate  States  at  which  such  cap-  """g^^'^®'^    ^"^''" 

tared  or  recaptured  vessels  may  arrive,  or  to  the  consul  or  other  public 

agent  of  the  Confederate  States  residing  at  the  port  or  place  not  within 

tho  Confederate  States  at  which  such  captured  or  recaptured  vessel  may 


104  mOVISIONAL  CONGRESS.     Sess.  II.     Cii.  4,  5.     1861. 

T  h  i  5  money  to  arrive.  And  tlie  moneys  arisini;  (lierefrom  p])all  be  licld  and  are  licreby 
constitute  a  fund  pledged  by  the  governiuont  of  the  Confederate  States  as  a  fund  for  tha 
for  the  ^"PPor' oi  ^.^^  .(.  .^^^j  maintenance  of  tlie  widows  and  ori)hans  of  such  persons  a> 
the  widows  audi.r-      ^'  ,        ,    ■  j  <•      .1  *  1  •    *     '  f  1     ^ 

ph.ins  of  persons  iiiJiy  ue  shtin,  and  tor  tlie  suj)|)oit  and   maintenance  ot   such   persons  as 

killed,   and  other  may  be  \vounded  and  disabled  on  board  of  tlie  private  armed  vessels  corn- 
persons,  missioned  as  aforesaid,  in  any  engagement  with  the  enemy,  to  be  assigned 
and  distributed  in  such  manner  as  shall  hereafter  be  provided  by  law. 
AiTKOVED  May  6,  1861. 


]\Iay  7,  18G1.         Chap.  IV. — An  Actio  admit  the  Commonwealth  of  Virginia  as  a  member  0/  the  Conjed- 
cvate  Stales  of  Annrica. 


Admission  of     The  Commonwealth  of  Virginia  having,  in  a  convention  of  her  people, 
Virginia.  ratified  and  adopted  the  Constitution  for  the  Provisional  Government  of 

the  Confederate  States  of  America  ;  Therefore — 

The  Congress  of  the.  Confederate    States  of  America  do  enact,  That 
the  Commonwealth  of  Virginia  be  and  is  hereby  admitted  as  a  member  of 
'  the  said  Confederate  States,  upon  an  equal  fooling  with  the  other  Confed- 

erate States,  under  the  Constitution  for  the  Provisional  Government  of  the 
same. 

Approved  May  "7,  1861. 


May  8,  1801.  Ciiap,  V. — An  Act  to  raise  an  additional  military  force  to  serve  during  the  war. 


President  author-  The  Congress  of  tlie  Confederate  States  of  America  do  enact,  "J'hat 
ized  toacceiit  tbcjn  addition  to  the  volunteer  force  authorized  to  be  raised  under  existing 
services  of  volun-  ^^        ^j^^  President  be  and  he  is  hereby  authorized  to  accept  the  services 

teers    ■wiibout   re-     ,.        ,  ^        ,     .  r  .  ,  111  r 

gard  to  the  place  01  volunteers  who  may  oiler  their  services,  without  regard  to  the  place  of 

of  enlistment.         enlistment,  either  as  cavalry,  mounted  riflemen,  artillery,  or  infantry,  in 

such  proportion  of  these  several  arms  as  he  may  deem  expedient,  to  serve 

for  and  during  tlie  existing  war,  unless  sooner  discharged. 

May  be  accepted      Sec.  2.  That  the  volunteers  so  offering  their  services  may  be  accepted 

in  companies  an  d  by  the  President  in  companies,  to  be  organized  by  him   into  squadrons, 

organized     i  n  to  j^j^jtalions  or  regiments.     The  President  shall  appoint  all  field  and  staff 

£(i iiiKir&ns   etc  ^ 

Prcs'd  't  t  '  officers,  but  the  company  officers  shall  be  elected  by  the  men  composing 
pointiield  and  staff  ths  company  ;  and  if  accepted,  the  officers  so  elected  shall  be  coinmis- 
ollicers.    Company  sioned  by  the  President. 

officers  elected  by      ^^^^  ^    rj^-j^^^^  ,^1^^  vacancies  occurring  in  the  ranks  of  the  several  com- 
eomniissioued'    by  P^iiies  mustered  into  service  under  the  pi  ovisions  of  this  act,  may  be  filled 
the  President.         by  volunteers  accepted  under  the  rules  of  such  companies  ;  and  any  va- 
Vacauciesj  how  (.fjj^^-.j^^g  occurring  ill  the  officers  of  such  companies  shall  be  filled  by  elec- 
tions in  accordance  with  the  same  rules. 

Sec.  4.  Except    as  herein    differently  provided,    the    volunteer   forces 

tj  bo"'subjee°'^*^to  ^^®^'*^%  authorized  to  be  raised,  shall  in  all   regards  be  subject  to  and  or- 

actslbrthegovern- ganized  in  accordance  with  the  provisions  of  "An  act  to  provide  for  the 

mcnt  of  tl.e  army,  public  defence,"  and  all  other  acts  for  the  government  of  the  a)  mies  of  tho 

Confederate  States. 

Approved.  May  8,  1861. 


PROVISIONAL  CONGRESS.     Sess.  II.     Ch.  6,  7.     1861.  105 

Chap.  VI. — An  Act  to  amend  "An  act  vesting  certain  powers  in  the  Postmaster  General,"      May  9,  1861. 

ai>proved  March  15, 1861.  


The  Congress  of  the  Confederate   States  of  America  do  enact,  That     PoatmasterGen- 
tbe  pro\visions  of  "  An  act  vesting  certain  powers  in  the  Postmaster  Gene-^J""^  '"  *-^'^°  entire 
ral,"  approved  March  fifteenth,  one  thousand  eight  hundred  and  sixty- jg^j'g^j!^y|^.^_   ^  ^° 
one,  be  so  amended  as  that  he  be  .and    horel)y  he  is  autliorized,  on  and 
after  a  day  to  be  named  by  liini  in  a  prochimation  to  he  issKed  by  hini 
for  that  ])urpose,  to  take  the  entire  charge  and  direction  of  the  postal 
service  of  the  Confederate  States. 

Sec.  2.   And  he  it  further  enacted,  That  the  Postmaster  General  be  and     Empowered    to 

ho  hereby  is  authorized  and   cmpowemd   to  annul  contracts,  or  to  discon- '^""V?  '^""^.''I'^^S' '^•" 
,.  i   •!  ii  •  1  ii  1  1         1     11     1  -i      T    to  discontinuo  or 

tinue  or  curtail  the  service  and  pay  on  llicm,   when   he  shall  deem  it  ad- gurtaii  the  service 

visable  to  dispense  ^vilh  the  service,  in  whole  or  in  part,  or  to  place  a  etc. 

higher  or  difterent  grade  of  service  on  the  route,  or  wlien  the  public  in-     Extrapayallow- 

terests  shall  require  snch  discontinuance  or  curtailment   for   any  other  ed   wbere   service 

cause,  he  allowing  one  month's  extra  pay  on  the  amount  of  service  dis-  ^I'scoutumed. 

pensed  with,  in  full  of  all  damages  to  the  contractor. 

Sec.  3.  And  he  it  farther  enacted.  That  the  railroads  in  the  Confede-  Classification  of 
rate  States  be  and  they  are  hereby  divided  into  three  classes,  on  the,  fol- 
lowing basis,  viz:  The  great  tlirough  lines  connecting  imjiortant  points 
and  conveying  heavy  mails,  to  be  class  number  one  ;  comji!eted  railroads 
connecting  less  important  points,  but  carrying  heavy  mails  for  local  distri- 
bution, to  be  class  number  two ;  and  roads  on  which  less  important  mails 
are  conveyed,  short  branch  roads,  and  such  unfinished  roads  as  do  not 
carry  grest  mails  or  connect  important  points,  shall  be  class  number 
three. 

Sec.  4.  And  he  it  further  enacted,  That  in  contracts  made  with  rail-     C  ompcBsation 

road  companies  for  carrying  the  mail  once  a  day,  on  schedules  to  be  agreed  ^'^"^cd  railroad 

,,1-,'  .       /-I      ■      1  n  ii  .      .■  i  1-       comfianics. 

on,  the  rostmaster  General  may  allow  them  compensation  not  exceeding 

the  following  rates,  viz:  On  first  class  roads,  one  hundred  and  fifty  dollars 
per  mile;  on  second  class   roads,  one  hundred   dollars  per  mile;  and  on 
third  class  roads,  fifty  dollars  ])er  mile  ;  the  amount  of  compensation  to  be 
determined  by  the  importance  and  value  of  the  services  to  be  performed  : 
Provided,  That  if  one-half  of  the  services  on  any  railroad  is  required  to     Additional   pay 
be  performed  in  the  night  time,  it  shall  be  lawful  tor  the  Postmaster  Gen-       "'°      '''"''°°' 
era!  to  pay  twenty-five  per  cent,  in  addition  to  the  above  named  maximum 
rates  of  pay  :  Provided,  further,  That  the  agents,  messengers,  and  other     Employees  of 
traveling  employees  of  the  postoflice  department  shall  pass  free  of  cluirgo  p!,^.,^"^^'^'^'^  ,^^," 
over  such  roads,  respectively;  and   this  act  shall   take  clTect  and  be   of  n-ce  over  the  road. 
force  from  and  after  its  passage. 
Approved  May  9,  ISGl. 


Chap.  VII. — An   Act    to  amend  "An  act   to  provide  fo.-  iJie  piihlic  defence,"  approved      May  10,  1861. 

March  6,  1861.  

The  Congress  of  the  Confederate  States  of  America  do  enact.  That  Presi 'cnt  m  a  y 
the  President  may  receive  into  the  service  of  the  Confederate  States  any  receive  into  service 
company  of  light   artillery,  which  by  said  act  he  is  authorized  to  do,  with  companies  of  light 

1,  1       "    i     i-     /T    '  1  '  1-1  1  •  T  ■      artillery, 

such  complement  ot  ofhccrsand  men,  and  with  such  equipments  as  to  him 

shall  seem  proper;  anything  in  said  act  of  the  sixth  of  March,  one  thou- 
sand eight  hundred  and  sixty-one,  to  the  contrary,  notwithstanding. 
Approved  May  10,  1861. 


106  PROVISIONAL  CONGRESS.     Sess  II.     Ch.  8,  9.     1S61. 

May  11,  ISCl.  CnAr.  VIII. — An  Act  to  maJce  further  provision /or  the  joublic  di/cncc. 

Preamble'  Wliorea?,  war  exists  between  the  United  States  and  the  Confederate  States; 

'  and  whereas  tlie  public  welfare  may  require  thji  reception  of  volunteer 

forces  into  the  sei'vice  of  the  Confederate  States,  without  the  fonnality 
and  delay  of  a  call  upon  the  respective  States :     [Therefore] — 

President  author-  ^'''^  Congrcss  of  the  Confederate  States  of  America  do  enact,  That 
jz  d  t. receive  into  the  President  be  authorized  to  receive  into  service  such  companies,  bat- 
ser  ica  compinius.  talions  or  regiment.s,  eitlier  mounted  or  on  foot,  as  may  tender  tln?uiselves, 
mcms' "^^  "^  ^'^'^^  ''*"'■'  ^'^  "^''^y  require,  without  the  deUy  of  a  formal  call  upon  the  respec- 
tive States,  to  serve  for  sucli  time  as  he  may  prescribe. 

Organization  of      Sec.  2.  Such  volunteer  for(;es  wTio  may  bo  accepted  under  this  act,  cx- 

vuluiucer  forces,     cept  as  liereiu  diti'crently  provided,  shall  be  oi'<>-anized  in  accordance  with 

and  subject  to  all  the  ])rovisions  of  the  act  entitled  "An  act.io  provide  for 

Allowances.        the  public  defence,"  and  be  entitled  to  all  tlie  allowances  provided  t!  erein; 

Service.  and  when  mustered  into  service,  may  be  attached  to  such  divisions,  bri- 

Batfalions,  etc.,  g.'ides  or  regiment.-<  as  the  President  may  direct,  or  ordered  upon  sucli  in- 
from  States  not  of  dependent  or  detached  service  as  the  President  may  deem  e\])edient  : 
the    Confederacy.  p^Q(-iJ,,fi  hoicever,  That  battalions  and  reu'iments  tnay  be  enlisted  from 

i  resilient  lU'iv  flP-  *^  . 

point  th   field  oS\  States  not  of  this  Confederacy,  and  the  President  may  appoint  all  or  any 
ccrs.  of  the  field  officers  tlieieof. 

Cominiision  of  Sec.  3.  The  President  shall  be  authorized  to  commission  all  officers  en- 
ofHccrs.  titled  to  commissions,  of  such  volunteer  forces  as  may  be  received  under 

the  provisions  of  this  act.     And  upon    the  request  of  the  officer  com- 
Supernumor:iry  manding  such   volunteer  regiment,  battalion   or  company,  the  I'resident 
nan v*^ '" '^''"'^ '^""^  may  attach  a  supernuuieiary  officer  to  each  company,  detailed   from   the 
regular  arniy  for  that  purpose,  and  for  such  time  as  the  President  may  di- 
rect. 

Approved  May  11,  180 1. 


pany. 


May  11,  1S61.  Chap.  IX. — An  Act  relattve  to  telcgra^ih  lines  of  the  Confederate  States. 

Pres-'ident  au-       The  Congress  of  the  Confederate   States  of  America   do   enact,  That 

t^onzod  to  t  ake  (]jj,.j,^g  |^],g  existing  war,  the  President  be  and  he  is  hereby  authorized  and 

graph  lines.      "^  '^"  empowered  to  take  suidi   control  of  such  of  the  lines  of  telegraph  in  the 

Confederate  States,  and  of  such  of  the  offices  connected  therewith,  as  will 

enable  him  effectually  to  supervise  the  cotumunications  passing  through 

the  same,  to  the  end  that  no  communications  shall  be  conveyed  of  the 

military  operations  of  the   government  to  endanger  the  success  of  such 

operations,  nor  any  communication  calculated   to  injure  the  cause  of  the 

Confederate  States,  or  to  give  aid  and  comfort  to  their  enemies. 

To  appoint  agents      Sec.  2.  The  President  shall  appoint  trustworthy  agents  in  sucli  offices, 

to  supervise  c©m-  r^;^-^^  ^^  ^m-X\  points  ou  the  various  lines  as  he  may  think  fit,  whose  duty  it 

zuunlc^lion^  ^  *' 

shall  be  to  supervise  all  communications  sent  or  passing  through  said  lines, 
and  to  prevent  the  transmission  of  any  communication  deemed  to  be  det- 
rimental to  the  public  service. 
When  he  may      Sec.  3.  In  case  the   owners  and  managers  of  said  lines  shall  refuse  to 

ake  possession  ofp(j,.,y,it  ^\\c\\  supervision,  or  shall  fail  or  refuse  to  keep  up  and  continue  the 
business  on  said  lines,  the  President  is  hereby  empowered  to  take  posses- 
sion of  the  same  for  the  purposes  aforesaid. 

_  Tois-ueinstrnc-      Sec.  4.   The  President  shall  from  time  to  time  issue  instructions  to  the 

tions  to  tlio  agents  r,o-ents  .so  appointed,  and  to  the  operators  of  the  various  lines,  to  regulate 
and  operators  of.f    ,  .' '.  ^'  •      ..•  ^        i  •         ..i  x-  <?  n 

the  lines.  "^''^  transmission  of  communications  touching  the  operations  ot  the  gov- 

ernment, or  calculated  to  afiect  the  public  welfare. 


PROVISIONAL  CONGRESS.     Sess.  II.     Ch.  10.     18G1.  107 

Sec.  5.  That  the  President,  at  his  discretion,  may  employ  the  operators  May  employ  the 
of  the  lines  as  the  ajifents  of  the  jrovernment,  po  tliat  in  this  as  in  all  other  operatorsas  agents 
respeets,  there  may  be  as  little  inteiference  with  the  businef-s  and  manacfe- "  .'^  "  govem- 
ment  of  such  lines  as  may  be  eoin])atible  with  the  public,  interest. 

Sec.  G.  That  the  compensation- of  the  agents  ai)nointed  under  this  act,     -,  .•       r 

•n-Jiere  such  agrents  are  not  orncers  ot  tlie  company,  and  the  exjiense  at-g^e^tg  t,)  be  paid 
tendino;  the  execution  of  the  provisions  of  this  act,  shall  be  paid  out  of  out  of  the  treasury, 
the  trensurv. 

Sec.  7.  That  no  communications  in  cy])her,   nor  eniofmntical,  or  other     Communications 
doubtful  coinnnmication,  shall  be  transmitted,  nnless  the  person  sendinix in cyplieranilcnig- 
the  same  shall  be  known  to  the  atjent  of  the  government  to  be  trustwor-  'i^'i;'*=''*l  commani- 
thy,  nor  until  the  real  purport  of  such   communication  shall  be  explained 
to  such  agent. 

Sec.  8.  That  the  President  is  liereby   authorized,   wlienever  it  may  be     Extension   and 
found  necessary  or  advisable  for  the  successful  prosecution  of  the  war,  to  connccti  n  of  lines, 
extend  existino;  lines  of  telei;ra])h,  or  niake  connections  between  the  same, 
the  expense  of  contracting  such   additional    lines  to   be  paid   out  of  any 
mou^'  in  the  treasury  not  otherwise  apjnopriated. 

Skc.  9.  That  all  jnesent  and  future  ofiiccrs  of  the  telegrapli  lines  en- 
ffnged  in  receiving  and  transmitting  intelligence  within  the  Confederate 
States  shall,  as  soon  as  practicable  after  tlie  passage  of  this  act  or  after 
their  appointment,  take  aud  subscribe  before  any  judicial  officer  of  any  one 
of  the  Confederate  States,  the  following  oath  :  ""I,  A  1>,  do  solemnly  swear  P-'»'^  required  of 
that  I  will  support  antl  maintain  the  Constitution  of  the  Confederate "  '■*^"" 
States  of  America,  and  will  not,  knowingly,  directly  or  indirectly,  transmit 
through  the  telegraph  any  communication  or  information  calculated  to  in- 
jure the  cause  of  the  Confederate  States,  or  to  give  aid  or  comfort  to  their 
enemies." 

Sec.  10.  That  if  any  person  shall  knowingly  send  or  transmit  any  mes-     Communications 

sage  or  communication  toutdiinor  the   military   operations  of  the  jrovern- *  "*"'""   mi  itary 

•  1  1    •        ,>  111-  ■  ,.1  operations, 

ment,  without  the  same  being  hist  submitted  to  the  inspecttion  or  the  agent     p,,rty    sendinir 

of  the  government,  or  any  message  calculated   to  aid   and  promote  the  suVjcct  to  indict- 

cause  of  the  enemies  of  the  Confederate  Slates,  he  sliall  be  subject  to  in- ra«"t. 

dictment  in   the.  distric^t  court  of  the  Confetlerate  States,  and  on  convic-     Fine  .lud  impri- 

tion  shall  be  fined  in  a  sum  not  less  than  five   hundred  dollars,  and  iiu- ^""'"^"  " 

prisoned  for  a  term  not  less  than  one  year. 

Approved  May  11,  18G1. 


Chap.  X. — An  Act   to   amend  an   act  entitled   "An  net  to  fix  the  p<t;i  of  memhern  of   the       May  11,  18(51. 


X. — An  Act   to   amend  an   act  entitled   "An  net  to  fix  the  p<t;i  of  me, 
Congress  of  the  Confederate  Slates  of  America,"  approved  March  11, 


1861. 


The  Con^jrcss  of  the  Confederate  States  of  Anierlea  do  enact,  That  the      How  mileage  al- 
above  entitled  act,  approved   Mai'ch  the  eleventh,  eighteen  hundred  and  lowed  mcmbors  of 
sixty-one,  be  so  amended  and  construed  as  to  provide,  that  in  conijiutiiig  ^' ""»'"*' ^^  ''°™" 
the  mileage  to  which  members  are  entitled,  the  distance  shall  be  estimated 
by  the  usual  route  of  travel  from  the  residence  of  the  member  to  the  place 
wliere  Congress  may  assemble.  CommcBCcment 

Sec.  2.   Be  it  further  enacted,  That  this  act  sliall  take  effect  and  be  of  of  act. 
force  from  its  passage. 

Approved  May  11,  1861. 


108  PROVISIONAL  CONGRESS.     Sess.  II.     Cii.  11,  12.     18G1. 

May  11,  1861.  Chap.  XI. — An  Act  in  relation  to  the  Confederate  Loan. 

Preamble.  Whereas,  under  and  by  virtue  of  the  act  to  raise  money  for  the  support  of 

tlie  government,  and  to  provide  for  the  defence  of  tlie  Confederate  States 
of  America,  ajjproved  February  twenty-eighth,  eighteen  hundred  and 
sixty-one,  the  Secretary  of  the  Treasuiydid  proceed  to  offer  five  millions 
of  said  loan,  conformably  to  the  provisions  of  said  act :  And  whereas,  in 
many  portions  of  the  Confederate  States  tlie  currency  was  and  is  composed 
of  notes  of  banks  which  have  suspended  si)ecie  payment,  not  of  necessity, 
but  as  a  measure  of  public  policy  :  And  wliereas,  certain  of  said  banks  did 
agree  to  redeem  in  coin  or  its  equivalent  such  of  their  notes  as  should  be  paid 
in  by  subscribers  to  said  loan  :  And  whereas,  the  Secretary  of  the  Trea- 
surv,  inview  of  the  exigencies  of  the  times,  and  with  a  desire  to  give  to 
the  people  of  all  parts  of  the  Confederate  Slates  the  opportunity  of  sub- 
scribing to  said  loan,  did  authorize  the  loan  commissioners  to  receive  the 
notes  of  the  banks  hereinbefore  referred  to;  and  to  avoid  inconvenience 
and  the  risk  of  transit,  has  authorized  the  said  loan  commissioners  to 
deposit  the  moneys  received  by  them  in  said  banks  :  Now,  therefc^e — 

Acts  of  the  Sec-'  Tlie  Congress  of  the  C onfederafe  States  of  America  do  enact,  That 
rctary  o:  the  Trea-  ,j]j  ^^  jjj^  .^^.^.g  j^j^j  doinj^s  of  the  Secretary  of  the  Treasury,  of  iiis  subor- 
Eury,  his   suborai-   ■,.      ,        rr-  ^     e  ^^       i  •     •  •  i.      ^ "'    -xi     ^i       r     i. 

nate   officers   and  tbnate  orlicers,  and  01  the  loan  commissioners,  consistent  witli  the  facts 

of  the  loan   com- recited  in  the  foregoing  preamble,  are  hereby  confirmed  and  made  valid, 

nnssioners    con-  g,-,y  \r^y^-^  usage  or  custom  to  the  contrary,  notwithstanding;  and  the  said 

officers' to'contiuue  S^^'^'^'^'^O''  ^''^  subordinate  officers,  and  the  loan  commissioners,  are  hereby 

to  act.  authorized  to  continue  so  to  act  in  regard  to  the  said  loan,  until  the  whole 

amount  authorized  by  said  act  shall  have  been  fully  subscribed  for,  and 

Deposits  of  mo- their  duties  regarding-  the  same  shall  have  determined  ;  and  the  said  Sec- 

ney  in  banks.         retary  is  authorized  to  make  and  continue  the  deposits  of  moneys  received 

f,-,    1  or  to  be  received  on  account  of  the  said  loan  in  any  of  the  said  banks ; 

rants  on  the  banks  and  the  Treasurer  of  the  Confederate  States  is  authorized  to  draw  checks 

for  the  deposits;  or  warrants  on  said  banks  on  account  of  said  deposits,  payable  either  in 

how  payable.         coin  or  its  equivalent,  or  in  current  bank  notes,  as  the  Secretary  of  the 

Treasury  may  direct. 

ArPRoyED  May  11,  1801. 


May  11,  1861.  Chap.  XII. — An  Act  to  amend  an  act  entitled  "An  act  further  to  provide  for  the  organi- 
nation  of  the  Postofp,ce  Department,"  ajqiruvcd  Jfarch'J,  ISGl. 

Salaries  of  chiefs  The  Congress  of  the  Confederate  /States  of  America  do  enact,  That 
of  the  bureaus  in  ^^.^^^  ^^^  ^j-^^^.  ^jjg  passage  of  this  act,  the  annual  salary  of  the  chief  of  the 
partmcn'. '  '  contract  bureau,  the  chief  of  the  appointment  bureau,  and  the  chief  of  tlie 

rpj^  .  .finance  bureau,  shall  be  three  thousand  dollars;  and  that  hereafter,  as  the 

of  their  succe-surs,  office  of  either  of  them  shall  be  vacated,  the  appointment  of  his  successor 

And  of  the  clerks  ^^^^^^  be  made  by  the  President  of  the  Confederate  States,  by  and  with  the 
draftsman,  andadvice  and  consent  of  the  Congress;  and  the  clerks,  draftsman  and  other 
other  employees,  employees  of  the  department  shall  be  appointed  by  the  Postmaster  Gene- 
ral. 

Vacancy  in  the  Sec.  2.  And  he  It  further  enacted,  That  in  case  of  the  death,  resigna- 
office  of  Postmas-  (ion,  absence  or  removal  from  office  of  the  Postmaster  General,  all  his 
ter  General.    Who  pg^^^.gj.g  ^nd  duties  shall  devolve  on  and  be  performed  by  the  chief  of  the 

to    discharge    the'  ,  .,  ini  -^i         ^         •  i^i 

duties.  contract  bureau,  until  a  successor  shall  be  appointed  and  arrive  at  tiie  gen- 

eral postoffice  to  perform  the  business,  or  until  the  return  of  the  Postmas- 

Proviso.  ter  General :    Provided,  however.  The  said  chief  of  the  contract  bureau 

shall  make  no  permanent  appointment  of  clerks. 

rrincipal  Clovk      Sec.  3.  And  be  it  further  enacted,  That  there  shall  be  allowed  to  each 


PROVISIONAL  CONGRESS.     Sess.  II.     Cii.  13.     1861.  109 

of  tlie  bureaus  of  tlie  rlepartment,  and  also  to  the  inspection  office,  a  prin-  allowed  to  each  of 

cipal  clerk,  at  an  annual  salary  of  fourteen  liundred  dollars  each.     And  t'^^  ^"'■«?"^^'  ^^^^ 

the   Po-tniaster  General  is  hereby  authorized  to  employ  ten  additional  ^f^^e.^ 

clerks,  at   an   annual   salary  of   twelve  hundi'ed  dollars  each;  also  four  Additional  clerks. 

clerks,  at  an  annual  salary  of  one  thousand  dollars  each;  also  one  watch-     Watchman. 

man,  at  an  annual  salary  of  fivehundrcil  dollars. 

Sec.  4    And  be  it  further  enactcf,  That  the  clerk  charged  with  the  dis-     Additional  pay 

bursement  of  the  continirent  and   salary  funds  of  the  department,  be  al- a^'o^y*^*!   \^*'  ,'^'^; 
1  1  IV,-         1  J.-  el         1         1      1     1    11  bursius;  clerk   of 

lowed  an   additional  compensation  ot  two  hundred  dollars  per  annum ;  ^j^^,  p^^'j^j^^^^j  j^^j 

and  that  this  act  take  effect  and  be  in  force  from  and  after  its  passage.       salary  funds. 
AiTRovED  May  11,  18G1. 


ClIAr.  XIII. — An  Act  to  amend  "An  act  to  prescribe  the  ratcit  of  postage  i    the  Confcde-      Miiy  13,  1861. 
rate  Statct  of  America,  and  for  other  purposes  "  approved  February  23,  1861. 

The    Congress  of  the   Confederate  States  of   America  do  enact,  That     Act  of  Feb.  23d, 
so  jnuch  of  the   first  section  of  an  act  entitled  "An  act  to  prescribe   the  l^^J'  '^^^  ^^'  ''*''*■ 
rates  of  postage  in  the  Confederate  States  of  America,  and  for  other  pui'- cciudn     scaled 
poses,"  approved  February  twenty-4hird,  one  thousand  eight  hundred  and  p;iekugcs,  ainend- 
sixty-one,  as  relates  to  sealed  packages,  containing  other  than  printed  or*^^- 
written  matler,  including  money  packages,  be  and  the  same  is  hereby  so 
amended  as  to  require  that  such  packages  shall  be  rated  by  weight,  and 
ehaiged  the  rates  of  letter  postage.  • 

Sec.  2.   And  be  it  further  enacted,  That  the  second  section  of  said  act     Am6  dmcnt   of 

be  amended  as  follows,  to-wit :  That  all  newspapers  published  within  the  JJ^J^'^^^'J'  "^  ^^"^ 

Confederate  States,  not  exceeding  three  ounces  in  weight,  and  sent  from' 

the  office  of  i)ublication  to  actual  and  bona  fide  subscribers  within  the     ,,    , 

'  *^  X  OS 1 11*^0  on  ccr— 

Confederate  States,  shall  be  charged  with  postage  as  follows,  to-wit :  The  tain  newspapers. 

postage  on  the  regular  numbers  of  a  newspaper  published  weekly  shall  be 
ten  cents  per  quarter;  papers  published  seini-weekly,  double  that  amount; 
papers  publishctl  thrice  a  week,  treble  that  amount;  papers  published  six 
times  a  week,  six  times  that  amount;  and  papej's  published  daily,  seven 
times  that  amount.  And  on  newspapers  weigh'ng  more  than  three 
ounces  there  shall  be  charged  on  each  additional  ounce,  in  addition  to  the 
foregoing  rates,  on  those  published  once  a  week,  five  cents  per  ounce  or 
fraction  of  an  ounce  per  quarter;  on  those  published  twice  a  week,  ten 
cents  per  ounce  per  quarter;  on  those  published  three  times  a  week,  fif- 
teen cents  per  ounce  per  qiuvrter ;  on  those  published  six  times  a  week, 
thirty  cents  per  ounce  per  quarter;  and  on  those  published  daily,  thirty- 
five  cents  per  ounce  per  quarter.  And  periodicals  published  oftener  than  Qh  porioJicals. 
bi-monthly,  shall  be  charged  as  newspapers.  And  other  periodicals,  sent 
from  the  office  of  publication  to  actual  and  bona  Jlde  subscribers,  shall  bo 
charged  with  postage  as  follows,  to-wit:  The  postage  on  the  regular  num- 
bers of  a  periodical  published  within  the  Confederate  States,  not  exceed- 
ing one  and  a  half  ounces  in  weight,  and  published  monthly,  shall  be  two 
and  a  half  cents  per  quarter,  and  for  every  additional  ounce  or  fraction  of 
an  ounce,  two  and  a  half  cents  additional ;  if  published  semi-monthly, 
double  that  amount;  and  periodicals  published  quarterly  or  bi-monthly, 
shall  be  charged  two  cents  an  ounce;  and  regular  subscribers  to  newspa- 
pers and  periodicals  shall  be  required  to  pay  one-  quarter's  postage  there- 
on, in  advance,  at  the  office  of  delivery,  unless  paid  at  the  office  wdiere  On  other  newi- 
published.  And  there  shall  be  charged  upon  every  other  newspaper,  and  paper?,  circulars, 
each  circular  not  sealed,  hand-bill,  enrjravinfr,  pamphlet,  periodical  and  l'^"  '"''  ""-f*" 
magazine,  which  shall  bo  unconnected  with  any  manuscript  or  written  perrodicals  and 
matter,  and  not  oxceeeding  three  ounces  in  weight,  and  published  within  magazines. 


no  mOVISIONAL  congress.     Sess.  II.     Cii.   14.     1861. 

Prepaj-ment   of  the  Confederate  Statp.3,  two  cents;  and  for  each  additional  ounce  or  frac- 

posta-e.  (JQii  of  an  ounce,  two  cents  additional ;  and  in  all  cases  the  ])Osta£je  shall 

be  prepaid  by  stamps,  or  otherwise,  as  the  Postmaster  General  shall  direct. 

Books  deemed  And  books,  bound  or  unbound,  not  weighing-  over  four  pounds,  shall  be 
mjuhiblo  matter,  (deemed  mailable  jnatter,  and  shall  be  charged  with  postap-e,  to  be  pre- 
oncewspipcr.s  jie- P'li'l  %  f'^'^'iH^^  "'■  *'*''^'""''^^i  ^^  the  Postmaster  General  shall  direct,  at 
riodicalsaiidbui.ks  two  cents  an  ounce  for  any  distance.  And  upon  all  newspapers,  periodi- 
p.blislud  out  of^.^jg  j^„^j  hooks,  as  aforesaid,  published  beyond  the  limits  of  the  Confede- 

PubVishers  of '''^t*^  States,  there  shall  be  charged  ])ostage  at  double  the  foregoing  speci- 
ncw.-paitfi-s.  u  to.,  lied  rates.  The  publishers  of  newspapers  or  periodicals  within  the  Con- 
mriy  send  ^nd  re- f^,,iy,..j(^3  gf^tes  may  scud  and  receive  to  and   from  each  other,  from  their 

ccive  tiieiu  to  iiud  ..  «,  V        i  i-      ^^  i-  i  i  r      ,•        i<  !■  ^ 

fn.m    each  other  J'Gspci^t've  orti(;es  ot  publication,  one  copy  ot  each  pul)lication  tree  ot  post- 
free  of  postage.      age.     All.  newspapers,  unsealed  circulars,  or  other  unsealed  printed  tran- 
Postago  on  iiews-^ient  matter,  i)Iaced  in  any  postoffire  not  for  transmission  but  for  delivery 
papers,  ere.,  pUiced       i        i     ii  i        i  i  i.  ^  ^i  ^       i-  ^         i 

in  postofficc f  rde- *■'"  .'^'•'  ^''^"  ^'^  <diarged  ])Ostage  at  the  rate  of  one  cent  each, 
livery  ouly.  Sec.  3    And  be  it  further  enacted.  That  the  third  section  of  the  above 

Third  section  of  recited  act  be  and  the  same  is  hereby  so  amended,  as  to  authorize  the 
raaiT  "^  1  s"g  1  cb' ■^^"^^"^''^'''^'"  ^'^-''^'^I'-d  ^0  provide  and  furnish  ten  cent  stamps  and  stamped 
13,  atncded. '        envelopes;  and  that  the  provisions,  restrictions  and  penaliies  prescribed 

P  stmuiterGen- ])y  said  .section  of  said  act  for  violations  of  the  same   in   lelation  to  two, 

pral  to  provide  ten  ^^.     ^^^^^  twentv  cent  Stamps  and  staiu])ed  envelopes,  shall,  in  all  respects, 
cent  stamps  aud         '  ,       ,  -  .        .       '   .  •'  '      '         ,  '  .  '  ' 

6  tamped    envc- ^Pl^'y  to  the  denow]ination  01  stamps  and  stamped  envelopes  herein  pro- 
I^pes.  vided  for. 

Proviso  in  the  Sec.  4.  And  he  it  further  enacted.  That  the  proviso  contained  in  the 
fifth  secti  n  of  the  flfj],  section  of  the  said  act  be  so  amended  as  to  extend  to  the  chiefs  of  the 

above  act  amend-  .  „  ^     i        i-,  rr.        i- 

ed,  by  oxtendm'^  ^'<5ntiact,  a])pointment  and  iinance  bureaus  ot  the  Postorace  l>epartmont 
to  iho  Chios  of  the  the  privilege  therein  conferred  upon  the  ]\>stmaster  General,  his  chief 
bureaus  the  frank- (.]g,.i  3,^ J  tljy  j^^^jj^Q,.  ^f  the  trcasui'v  for  the  Postoffice  Department,  of 
iii'conf.jrred  on  the  ^''^"^"iitting  through  the  mails,  free  of  postage,  any  letter.s,  p-ickages,  or 
Po;tmuster  Geae- Other  matters  rehiting  exclusively  to  their  official  duties  or  to  the  business 
of  the  I'oslofhce  Department,  subject  to  the  restric)(^ous  and  penalties }>re- 
scribed  by  the  said  proviso  ;  and  that  this  act  take  effect  and  be  of  force 
from  and  after  its  passage. 
Approved  May  13,  1861. 


eral  and  other:? 


M.ay  14.  1861.  Chap.  XIV. — An  Act  to  suspend  the  operations  of  the  Mints. 

Cpor;iti  n.^ofthe      ^^''^   Conffrcss  of   the   Confederate  States  of  America  do  enact,  That 

mints  suqicuded.    from  and  after  the  tirstday  of  June  ensuing,  the  operations  of  the  several 

Moneys a-idbul-  mints  in  the  Coiifeilerate  States  be  suspended  ;  and  that  all  officers  therein 

lion  tr.insferrad  to    ,     ,,  ,  •       xi     •     r        i-  ^  •  i      •  i  n     l 

t  he  Trcaurer  of^"''"  t^easc  to  exercise  their  functions  or  to  receive  any  salaries;  and  that 
the  C.  S.  all  moneys  and  bullion  in  the  hands  of  any  officer  shall  forthwith  be  trans- 

ferred to  the  Treasurer  of  the  Confederate  States. 

Mint  at  New  Or-  Sec.  2.  That  the  mint  at  New  Orleans,  with  the  tools,  implements  and 
leans  and  appur-  r^\\  jippurtenanccs,  be  placed  by  the  superintendent  in  charge  of  some  fit 
char'-e  of  some  lit  Person,  to  be  approved  by  the  Secretary  of  the  Treasury  ;  and  that  the  said 
person.  Secretary  be  authorized  to  accept   the  superintendent  as  such  custodian. 

The  supernten-  .^^j  ^f,  allow  him,  or  such  Other  person  as  mav  be  appointed,  the  use  and 

aeiit  may    be    ac-  ^.  i-  ^i    '  .•         t         ^    c  i         "     ^       iV  •  •  i        *• 

cc!»ted  iis  custo- *^^''""P''^t'^"  °'  t''*^  portion  heretofore  used  as  a  dwelling,  in  consideration 
dian.  iiis  compcn-  of  his  undertaking  the  charge  and  safe-keeping  of  the  whole  estabUsh- 
t'o"-  ment.  ' 

Same  course  :m-      g^^,    3^  jhat  the  Secretary  of  the  Treasurv,  nntil  otherwise  directed  by 

thorizeiliu  relation  ,  ,  ,1       •       i  .     ^    1      ^i  •  1    .•        .      ^i  •    ^        j        i 

to  themintatDah-  '^^^'  ^^  autliorizcd  to  take  tlie  same  course  in  relation  to  the  mint  and  put)- 
lonega.  lie  property  connected  with  it  at  Dahlohega. 

Appkoved  May  14,  1861. 


PROVISIONAL  CONGRESS.     Sess.  II.     Ch.  15,  16,  17.     1861.  HI 

Chap.  XV. — An  Act  to  organize  further  the  Bureau  of  Superintendent  of  ruhlic  Printing.       May  14,  1S61. 

The   Coiifireas  of    the   Confederate  States  of  America  do  evact,  That     jJalary  of  super- 
tlie  salary  of  llie  Siipeiintendynt  of  PuMic  Piinliiii'-  sliali  be  three  thou- inteudentol  public 
sand  dollfirs,  payable  as  other  salaries  of  heads  of  bureaus  in  the  several  P""^'"»" 
departments. 

Sec.  2.  The  Superintendent  of  Public  Printing  sliall  be  entitled  to  a     His  messenger 

niesseii^er,  who  shall  receive  a  salary  of  three  hundred  dollars  per  annum.  "°i,  '*  *" ,  "P'" . 
c         o    Vi  1  r      .•  i"  *i      1  I    •  1        <•  /'  1     II  1  ■'■"*^  publication 

1>EC.  3.   Ihe  publication  of  tlie  laws  and  journals  oi  Coniifross  sliall  oe  of  the  laws.  etc.  to 

exclusively  under  the  direction  of  the  Superintendent  of  l^iblic  Printins;,  be  umkrthe  direc- 
subiectto  the  supervision  and  control  of  the  Attoinev  General.  And  the  f'""  "f  ^^^  super- 
Superintendent  may  contract  witli  publisliers  of  newsjiapers  as  to  the  terms  Contiacis  with 
of  publication  of  the  laws  and  jouinals,  notexceedinoj  in  compensation  the  lubLsUcrs  of  Lews- 
rates  usually  paid  by  other  advertisers  for  similar  work.  papers. 

Sec.  4  The  Superintendent  shall  have  authority  to  contract,  by  adver-  Adver.ising  for 
tisinpf  for  sealed  proposals,  for  all  paper  necessary  to  do  all  the  printinrr*'^'^'"^  P*'"!*'^*^^®' 
ordered  by  Congress,  or  eitlier  one  of  the  executive  departments.  In  all  cJu  tracer  to 
cases  the  contractor  shall   furnish  the  paper,  at  such  times  and  in  such  fmni.-h    pi.pc-r  as 


quantities  as  the  Superintendent  shall  lequire,  and  shall   mve  bond,  with  !^  ■-"P^""'^'-"^*^"* 
/  1  .■        i-      *i      i-  ■,\  f  \         r  i-  .1  .       i  sha  I  rcciuire.      To 

two  good  sureties,  tor  the  taitlilul  performance  ot  the  contract.  give  b.ud  ;  nd  sc- 

rs  for  printing  by  Congress,  or  any  of  the  executive  de-cmiiy. 

sent  to  the   Superintendent  of  Public  Printing,  to  be.   Orders  f..r  print- 

)  the  printer  or  contractor ;  and  the  printing,  when  com-  !"^^  J^  ^^"^  'i^^r"'^ 


Sec.  5.  All  orders  for  printing  by  Congress,  or  any  of  the  executive  de-cmiiy. 
partnients,  shall  be 

by  him  <lelivered  to  ....  , , r..-.-.,-,, .-  - .,,,y  ^,  ij,,  ^.p^^t 

pleted,  shall  be  returned  to  the  Superintendent,  to  be  received  or  rejected,  ments.    Uutle^  of 
and  by  him  delivered  according  to  the  order,  '  \^'^  supeiintetidtnt 

Sec.  G.  All  laws  and  parts  of  laws  militating  against  this  act,  be  and  the  »"  "-'^r^^'t  .'^'^^*■''• 
same  are  hereby  rejieajed.  agoin^t  this  act,  re- 

Am'uovED  May  14,  1801.  "  P^'*^«'^- 


CiiAr.   XVI. — An  Act  to  authorize  the  transfer  of  apj^ropriations.  May  14,  18GI. 


The   Congress  of   the    Confederate  States  of  Ajnerka.  do  enact,  That     Moneys    appro- 
during  the  recess  of  Congress'the  President  of  "the  Confederate  States  may  P'^jated  lor  ap  .rti- 

f   i"       •      1         1  ,1       ■       1  ii  r      ^-  c  ^\  ^  c  .\'    cuiar  brancli  of  ex- 

and  lie  is  hereby   authoiized,  on  the  ap])lication  ot  the  secretary  or  tiie  pomiiure    iu   one 

proper  department,  and  not  otherwise,  to  direct,  if  in  his  opinion  necessary  d  pan m  ntmaybe 

ibrthepulilic  service,  that  a  iiortion  of  the  moneys  a]ipioi)riated  for  a  parti-  '.'PP''^"'' '"  another 
1    '  1  1       ,.  i-i         •     ,  I     i.  3  4  t   i'  1-     1  i  ^1       >  ,    m    same  dcpart- 

cular  biancli  or  expenditure  in  Miatdepartment,  l)e  applied  to  another  uranch  ment. 

of  expenditure  in  the  same  department;  in  which  case  a  s^iecial  account     t^peciiil  account 

of  moneys  thus  transferred,  shall  be  laid  before   Congiess  during  the  first  'lii^^''eof  to  bo  laid 

AVeekofthe  next  ensuing  session.  ^'  ■  before  Congress. 

Sec  2.  This  act  shall  continue  and  be  of  force  until  the  end  of  the  ex-     When  thisactto 
isting  war,  and  no  longer.  cease. 

Ai'i'KOVED  May  14,  18G1. 


Chap-  XVII. — An  Act  to  define  the  limits  of  the  port  of  Keto  Orleans,  and  for  other  pur-      May  14.  1SC1. 

pus  vs.  • 


The   Congress  of   the   Confederate  States  of  America  do  enact,    That     T^imi's  of  t  h  e 
the  port  of  New  Orleans,  in  the  State  of  Louisiana,  shall  embrace  and  in- ['"'''•_^"'  'V' ^'l  ^^' 
elude  all  the  waters,  inlets  and  shores  on  both  sides  of  the  river  Mississippi,  ^'   '' 
within  the  whole  parish   of  Orleans,   that  part  of  the  parish  of  Jefferson 
on  the  right  bank  of  said  liver  to  the  upper  line  of  the  Destrehans  canal, 


112  PROVISIONAL  COXGRESS.     Sess.  II.     Ch.  18.     1861. 

and  that  portion  of  the  said  parish  of  Jefferson  on  the  left  bank  of  the 

Mississippi  river  to  the  upper  limits  of  the  town  or  faubourg  of  Uurtsville. 

The  rorts  of  dc-  T|,at  the  ports  of  delivery  known  as  bayou  St.  John's,  Lake  Port,  and  Port 

bayou  St°°Jolia'!;^  ^'""^^''""''-"'^'"'  ^""-^  ^^'*^  customs  officers  authorized   therefor,   be   and  the 

Lake   Port,   a  n  d  same  are  hereby  abolished  and  discontinued,  and  all  the  waters,  inlets  and 

Port    Pontchar- wliores  embraced  within  the  limits  of  said  ports  be  added  to  and  included 

traiD,  and  the  cus-  j^^^jj^       .^  ^^  -^      Orleans. 

toms  officers,  abol-  i  >^ 

lished  and  discon-       ApPKOVED  May  14,  18G1. 

tinued. 


May  It,  1301.  Chap.  XVIII. — An  Act  rejxdnlinj  the.  sale  of  prizes,  and  the  distribution  thereof. 


Sale  of  prizes.  Tkc  Confjrcss  of  the  Confederate  States  of  America  do  enact.  That 
all  prizes  of  vessels  and  property  captured  by  ])riv;ite  armed  ships,  in  pur- 
suance of  the  act  passed  by  Congress  recognizing  the  existence  of  war 
between  the  United  States  and  the  Confederate  States,  and  concei'uing 
letters  of  marque,  prizes  and  prize  goods,  which  may  be  condemned  in  any 
court  of  the  Confederate  States,  shall  be  sold  at  public  auction  by  the 
marshal  of  the  district  in  which  the  same  .shall  be  condemned,  within  sixty 
N.tico  of  the  days  after  the  condemnation  thereof — sufficient  notice  of  the  time  and 
"^  ^'  place  and  condition  of  sale  being  first  given — on   such  day  or  days,  on 

Such  terms  of  credit,  and  in  such  lots  or  proportions  as  may  be  designated 
by  the  owner  or  owners,  or  agent  of  the  owner  or  owners,  of  the  privateer 
Terms.  which  may  ha\e  captured  the  same :    Provided,  That  the  term  of  such 

Purchaser    muy  credit  shall  not  exceed  ninety  days.      And  the  said  marshal  is  hereby  di- 
moncy  or^gTve  h\s  '"^''^^'■^  ^^  ^'i'^^  '"^"'^  receive  from  tile  purchaser  or  purchasers  of  such  prize 
promissory  note,     vessel  and  property,  the  money  therefor,   or  his,  her  or  their  promissory 
notes,  with  endorsers,  to  be  ai)proved  by  the  owner  or  owners  of  the  priva- 
teer, to  the   amount  of  the  purchase,  payable    according  to   the  terms 
thereof. 
Payment  by  the      Sec.  2.  That  upon  all  duties,  costs  and  charges  being  paid  according  to 
mar.<!hal,    to    thci-^^y  ^1,^  ^,.j;^^|  )i;iarshul  shall,  on  demand,  deliver  and  pay  over  to  the  owner 
owners  and  the  offi-         '  l-    y  ■  '  i  /•         ^       '^    "  ^    , 

curs  and  crew  of  o'" '^^^'"^I's  ot  the  privateer,  or  to  the  agent  01  such  owner  or  owners  of  the 

the  jirivateer,  of  privateer  which  may  have  captured  such  prize  vessel  and  property,  a  just 
the  funds  received  ^nj  equal  i)ronortion  of  the  funds  received  on  account  of  the  sale  thereof, 
on   account  of  the        i     Ai  •  ^       j-        i    i  ^     i      ^  i  n  •  j   x        ^  •   \    ±^ 

g^le_  and  ot  the  promi.ssory  notes  directed  to  be  taken  as  ajpresaid,  to  which  the 

said  owner  or  owners  may  be  entitled,  according  to  the  articles  of  agree- 
ment between  the  said  owner  or  owners  and  the  officers  and  crew  of  the 
said  privateer;  and  a  just  and  ei|ual  proportion  of  the  proceeds  of  the 
sale  as  aforesaid,  shall,  on  demand,  be  also  paid  over  by  the  said  marshal 
to  the  officers  and  crew  of  the  said  })rivatecr,  or  to  their,  agent  or  agents. 
And  if  there  be  no  written  agreement,  it  shall  be  the  duty  of  the  marshal 
to  pay  over,  in  manner  as  aforesaid,  one  moiety  of  the  proceeds  of  the 
sale  of  such  prize  vessel  and  property  lo  the  owner  or  owners  of  the  pri- 
vateer which  may  have  captured  the  same;  and  the  other  moiety  of  the  said 
p/oceeds  to  the  agent  or  agent.>  of  the  officers  and  crew  of  the  said  priva- 
teer, to  be  distributed  according  to  law,  or  to  any  agreement  by  tliera 
Proviso.  made:  Pronded,  The  said  officers  and  crew,  or  their  agent  or  agents,  shall 

have  first  refunded  to  the  owner  or  owners,  or  to  the  agent  of  the  owner 
or  owners  of  the  privateer  aforesaid,  the  full  amount  of  advances  which 
nhall  have  been  made  by  the  owner  or  owners  of  the  privateer,  to  the  offi- 
cers and  crew  thrreof. 
Commission  al-     Sec.  3.  That  for  the  selling  prize  property  and  receiving  and  paying 
lowad^mnrshal  for  over  the  proceeds  as  aforesaid,  the  marshal  shall  be  entitled  to  a  coramis- 
iog  alid  payin^gSion  of  one  per  cent.,  and  no  more,  first  deducting  all  duties,  costs  and 
©Ter  the  proceeds,  charges,  which  may  have  accrued  on  said  property  :  Provided,  That  on  no 


PROVISIONAL  CONGRESS.     Skss.  11.     Ch.  19.     1861.  113 

case  of  condcranatinn  and  sale  of  any  one  prize  vessel  and  cargo,  shall 

the  commissions  of  the  maratal  exceed  two  hundred  and  fifty  dollars. 

Sec.  4.  That  it  shall  be  the  duty  of  the  marshal,  -R-itliin  fifteen  days  Marshal  to  file  ac- 

after  any  sale  of  prize  property,  to  file  in  the  office  of  the  clerk  of  thee""'it  of  the  sales, 

district  court  of  the  district  wherein  such  sale  may  be  made,  a  just  and  '^"'j  "^,  '*-^'  ^  "  V'.f 

,,    ,  ,         /.         1         •  "  1       ,^     II     1      •  1  ^"'1   charges,  wuu 

true  account  of  the  sales  of  such  prize  property,  and  of  all  duties  and  a  statement  of  the 

charges  thereon,  together  with  a  statement  thereto  annexed  of  the  pro- promissory  notes 
missory  notes  taken  on  account  thereof,  which  account  shall  be  verified  ^"'^.f"" 
by  the  oath  of  the  said  marsluil  j  and  if  the  said  marshal  shall  wilfully  j^^  verified  by  his 
neglect  or  refuse  to  file  such  account,   he  shall  forfeit  and  pay  the  sum  oath, 
of  five  hundred  dollars  for  each   omission  or  refusal  as  aforesaid,  to  be     Penalty  for  fail- 
recovered  in  an  action  of  debt  by  any  person  interested  in  such  sale,  and  j^i,],.' 
suing  for  the  said  penalty,  on  account  of  the  party  or  parties  interested 
in  the  prize  vesssel  or  property  sold   as  aforesaid,  in   any   court  having 
cognizance  thereof. 

8ec.  5.  That  the  ovrner  or  owners  of  any  private  armed  vessel  orvcs-     Removal  of  prize 
pels,  or  their  auent   or  afretits,  may,  at  any  time  before  a  libel  shall  be  ^."'^'"^''^  """  rrf>peity 
liled  against  any  captured  vessel  or  her  cargo,  remove  the  same  Irom  any  an(,;in,r. 
port  into  which  such   prize  vessel  or  property  may  be  first  brought,  to 
any  other  port  in   the  Confederate   States,  to  be  designated  at  the  time 
of  the  removal  as  aforesaid,  subject  to  the  same  restrictions  and  com- 
plying with  the  same  regulations  with  respect  to  the  payment  of  duties 
which  are  provided  by  law   in  relation  to  other  vessels  arriving  in  port 
with  cargoes  subject  to  the  payment  of  duties  :    Provided,  That  before     Provisf^. 
such  removal  the  said  captured  property  shall  not  have  been  attached  at 
the  suit  of  any  adA'crse  claimant,  or  a  claim  against  the  same  have  been 
interposed  in  behalf  of  the  Confederate  States. 

ArPROVEB  May  14,  1861. 


Chap.  XI Tv. — An  Art  to  r.rot-iilr  f„r  the  andlting  of   aprnuntn  of  the   PoKt-ofr.'c    D'parl-       Miiy  IC,  ]  SCI. 

ment.  — ■ 


Ihe  Co)U/rcns  of  the    Confederate  States   of  America  do   enact,  That     The  First  Ajuli- 
it  shall  be  'duty  of  the   First  Auditor  of  the  Treasury  to  receive  all  ac-;°;"^J.^'^;,<=-'''""-y 

•   •         •       1      T'l  If       -r^  1      •     "    1  ^^    ^^    audit    the    ac- 

counts arising  in  the  Fost-ofnce  Department  or  relative  thereto  ;  to  audit  counts  in  the  Postr- 

and  settle  the  same  and  certify  their  balances  to  the  Postmaster  Cene- office  l>epartm'jui. 

ral :  Provided,  That  if  either  the  Postmaster  General,  or  any  person     Appeal   allowed 

whose  account  shall  be  settled,  be  dissatisfied  therewith,  he  may  within  *";  "^'^  Comptroller 

twelve  months  appeal  to  the  Comptroller  of  the  Treasury,  whose  decision''    '  °    roasury. 

shall  be  final  and  conclusive.      The  said   Auditor  shall  report  to  the     Report  by  AutJl- 

Postmastcr  General,  when   required,   the  official  fcn-ms  of  papers  to  be  j^^^.  (j|,^^,j.jj|°'^'^''*' 

used  by  poistmastcrs  and  other  officers  and  agents  of  the   department 

concerned  in  its  receipts  and  payments,  and  the  manner  and   form  of 

keeping  and  stating  its  accounts.      lie  shall  keep  and  preserve  all  ac-     ^"'I'torto  kocp 

counts,  with  the  vouchers,  after  settlement.      He  shall  promptly  report  ^.gj,pj,^.,.g 

to  the  Postmaster  Oeneral  all  delinquencies  of  pustmasters  in   paying     and  to  report  dc- 

over  the  proceeds  of  their  offices.      He  shall   close  the  accounts  of  the ''"nuon"csofpc8t. 

department  (juarterly,  and  transmit  to  the   Secrotaiy  of  the  Treasury   To  close  accc-m's 

quarterly  statements  of  its  receipts  and  expenditures.     He  shall  regis- quarterly. 

tcr,  charge  and  countersign  all  warrants  upon  the  treasury  for  receipts     'I'o  ro  {rioter, 

and  payments  issued   by  tlie   Postmaster  General,  when  warranted  by  ^*^se  and  coon- 

law.     He  shall  perform  such  other  duties  in  relation  to  the  financial  con-     other  duties. 

cerns  of  the  department  as  shall  be  assigned  to  him  by  the  Secretary  of  the 

Treasury  or  the  Postmaster  General,  and  shall  make  to  them,  respective- 


1!4  PROVISIONAL  CONGRESS.     Sess.  II.     Cii.  20.     1861. 

Tos'ateandcer-ly,  sucli  reports  as  either  of  them  may  require  respecting  the  same.    He 
Ufy  quarterly,  ac-  j^hall  state  and  certify  quarterly  to  the   Posgnaster  General  accounts  of 
ovunts  o^t  e  "J^"- tjjg  „^o„cy>^  p;jiJ  pm-f;nant  to  appropriations,   in  each  year,  by  pohtnias- 
ters,  out  of  the  proceeds  of  their  offices,   towards  the  expenses  of  the 
department,  under  each  of  the  heads  of  the  said  expenses  specified  in 
the  appropriations;  upon  which  the  Postmaster  General  shall  issue  war- 
rants to  the  Treasurer  of  the  Confederate  States,  in  order  that  the  same 
may  be  carried  to  the  credit  and  debit  of  the  appropriation  for  tlic  ser- 
vice of  the  Post-office  Department,  on  the  books  of  the  Auditor  of  the 
To   superintend '"'^''^^^^^^y-      ^^^-  ^^^'-^^^  superintend  the  collection  of  all  debts  due  to  the 
the  cuUeciion  of  department,  and  all  penalties  and  forfeitures  imposed  on  postmasters  for 
dobtP.penaUicsiindfjiiiipg  f^  make  returns,  or  to  pay  over  the  proceeds  of  their  offices,  and 
root  suitl"' etc    ^ '  he  shall  direct  suits  and  legal  proceedings,  and  take  all  such  measures 
as  ma}'^  be  authorized  by  law  to  enforce  the  prompt  payment  of  moneys 
due  to  the  department. 
To  hare  charge      Sec.  2.  And  be  it  further  enacted^  That  the  said  Auditor  shall  have 


pay] 

poso  of  the  same,    duo  them  on  acccmnt  of  the  Post-office  Department ;  and  to  sell  and  dis- 
pose of  lands  or  other  property  assigned  or  set  off  to  the   Confederate 
States  iu  payment  of  debts,   or  being  vested   in   them   by  mortgage  or 
other  security  for  the  payment  of  debts  due  to  the  said  department,  un- 
der such  rules  and  regulations  as  may  be  prescribed  by  the  Postmaster 
General. 
Clerks  to  he  ap-      Sec.  3.  The  Secretary  of  the  Treasury  shall  appoint  a  chief  clerk  to 
pointed  to  aid  the  aid  the  First  Auditor  of  the  Treasury  in   auditing  the  accounts  of  the 
Auditor;  their  sal- p(jg|._Q£^gg  Department,  who  shall  receive  a  salary  of  two  thousand  dol- 
lars  per  annum;  and  shall  appoint  fifteen  additional  clerks,  with  salaries 
of  twelve  hundred  dollars  each,  and  fourteen  other  clerks,  with  salaries 
of  one  thousand  dollars  each,  to  aid   the  First  Auditor  of  the  Treasury 
Mcssong'T    for  in  auditing  the  accounts  of  the   Post-office  Department.      And  he  shall 
isury  Depart-  appoint  one  messenger  for  the   Treasury   Department,  who  shall  be  al- 
lowed a  salary  of  five  hundred  dollars  per  annum. 
Auditor    ra  a  y      Sec.  4.  Be  it  further  enacted,  That  the  said  Auditor  of  the  Treasury 
Bcnd    c'.raniuniea-g]^j^]|  j^g  allowed  to  pcnd   through  the  mail  all  communications,  relating 
posl-oC]ce'b'usines3^'^^''''^^^'V'^'y  ^^  ^he  post-officc  business,  free  of  charge,  under  the  same 
free  of  charge.       rules,  regulations  and  restrictions,  and  subject  to  the  same  penalties  as 
are  now  prescril^od  with  respect  to  transmission  free  of  charge  by  the 
Commencement  heads  of  bureaus  of  the  Post-office  Department.      And  this  act  shall  go 
of  act.  into  effect  from  and  al'ter  its  passage. 

Approved  May  10,  1801. 


Trcasu 
moD 


Mav  16    ISCl        CuAP.  XX. — An  Act  to  increnic  the   Mililnri/  cslahlixlimnnt    of  the    Confederate    States, 

. ! and  to  amend  tlic  "  Act  for   the  cslablishmeut  and  onjanization  of  the  Arwy  of  the 

Confederate  States  of  America.'' 

Increase  of  mill-  The  Congress  of  the  Confederate  States  of  America  do  enact.  That 
taryeBtabhshment.  t]j(j  president  shall  be  authorized  to  raise  and  organize,  in  addition  to 
the  present  military  establishment,  one  regiment  of  cavalry  and  two 
regiments  of  infontry,  whenever  in  his  judgment  the  public  service  may 
require  such  an  increase,  to  be  organized  iu  accordance  with  existing 
laws  for  the  organization  of  cavalry  and  infantry  regiments,  and  to  be 
entitled  to  the  same  pay  and  allowances  provided  for  the  same  respec- 
tively. 


PROVISIONAL  CONGRESS.     Sess.  II.     Ch.  20.     1861.  115 

Sec.  2.  That  the   five   general   officers  provided  b}'  existing  laws  for     Rank  of  "Geae- 

the  Confederate  States,  shall  have  the  rank  and  denomination  of  "Gen-ral"  estiiblishcd  as 

eral,"  instead  of  "Brigadier  General,"  which  ^hall  be  the  highest  military  [^^   cr^/e!'^   '^^^' 

grade  known  to  the  Confederate  States.     They  shall  be  assigned  to  such     Assignment    of 

commands  and  duties  as  the  President  may  specially  direct,  and  shall  general  officers  to 

be  entitled  to  the  same  pay  and  allowances  as  are  provided  for  l^i'ig'^dier  p"^^"'^^"^  ^"  ^iiJ"_ 

generals,  and   to   two  aids-de-camp,   to  be  selected  as  now  provided  by  ances. 

law.     Appointments  to  the  rank  of  general,  after  the  army  is  organized,     Aiils-de  camp. 

shall  be  made  by  selection  from  the  army.  t^^'^Fl^lT"!)*' i" 

•'.,  ,  1-11  ■     1  •      •     ^  '"^  rank  ot   genc- 

Sec.  3.  That  the  President  be  autliorizeu',  whenever  m  his  judgment  ral. 

the  public  service  may  require  the  increase,  to  add  to  the  corps  of  en-     Increase  of  tUo 
gincers  one   lieutenant   colonel,   who  shall  receive  the  pay  and  allow- *'*''"P^  "^^ '^"K'necra. 
ancos  of  a  lieutenant  colonel  of  cavalry,  and  as  many  captains,  not  ex- 
ceeding five,  as  may  be  necessary. 

Sec.  4.  That  there   be   added   to  the  quartermaster  general's  depart-    Tnercns-cofQuar- 
mont  one  assistant  ((uartcrmastcr  general,   with  the  rank  of  lieutenant tcimasfcr  Gene- 
colonel,  and  two  quurtermistors,  with  the  rank   of  major ;  and   to  the  ^"^  ^  department, 
commissary  general's   department,  one  assistant  commissary,  with  the 
rank  of  major,  and  one  assistant  commissary,  with  the  rank  of  captain; 
and  to  the  medical  department,  six  surgeons  and  fourteen  assistant  sur-     and  of  the  med- 
■  treons  '^^^  department. 

Sec.  5.  That  the  President  be  authorized  to  appointas  many  military  Military  store- 
storekeepers,  with  the  pay  and  allowances  of  a  first  lieutenant  of  infiin- keepers,  and  their 
try,  ;is  the  safe-keeping  of  the  public  property  may  require,  not  to  ex- P'^y  J'^'' ^  allow- 
ceed  in  all  six  storekeepers. 

Skg.  G.  That  there  bo  added  to  the  military  establishment  one  quar-  Quartermaster 
tcrmaster  sergeant  for  each  regiment  of  cavalry  and  infantry,  and  one  sergeant  and  ord- 
ord nance  sergeant  for  each  military  po.st,  each  to  receive  the  pay  and ''•''"'^**  ^''^'o'-''^"''^'^- 
allowanccs  of  a  sergeant  major,  according  to  existing  laws. 

Sec.  7.  That  there  may  be  enlisted  for  the  medical  department  of  the     Hospital  s  tow- 
army,  for  the 'term  already  provided  by  law  for  other  enlisted    men,  nrds.    Their  pay 
as  many  hospital  stewards  as   the  service  mny  require,  to  be  determined  *"<>'  i^H'^vances. 
by  the  Secretary  of  War,  under  such  regulations  as  he  may  prescribe, 
and  who  shall  receive  the  pay  and  allowances  of  a  sergeant  major. 

Sec.  !^.  That  until  a  military  school  shall  be  established  for  the  clc-     state  cadets   to 
mentary  instruction  of  officers  for  the  army,  the  President  shall  be  au- be  attached  to  com- 
thorizivl  to  a])point  cadets  from  the  several  states,  in  number  proportion- P"'"'®^'*^'*"Pf""" 
ed  to  their  representation  in   the  House  of  Representatives,  and  ten  in  with  the  rank  of 
addition,  to  be  selected   by  him  at  large  from  the  Confederate  States,  cadet. 
who  shall  be  attached  to  companies  in  service  in  any  branch  of  the  army, 
as  supeniumerary  officers,  with  the  rank  of  cadet,  who  shall  receive  the 
monthly  pay  of  forty  dollars,  and  be  competent  f(tr  promotion  at  such     Monthly  pay. 
time  and  under  such  regulations  as  may  be  prescribed  by  the  Presi-     Competency  foi 
dent,  or  hereafter  established  by  law.  promotion.     , 

Sec.  9.  That  the   President  be  authorized   to  assign  officers  of  the     Assignment    of 
army  of  the  Confederate  States  to  staif  duty  with  volunteers  or  provi-^Jjy""    ^^    ^'^"^ 
sional  troops,  and  to   confer  upon   them,   v-fhilst  so  emploj'ed,  the  rank 
corresponding  to  the  staff  duties  they  arc  to  perform. 

Sec.  1*).  There  shall  be   allowed  and  paid  to  every  able-bodied  man  _  Bounties  to  en- 
who  shall  be  duly  enlisted  to  serve  in  the  army  of    the  Confederate  ^^      ™®''' 
States,  a  bounty  of  ten  dollars;  but  the  payment  of  five  dolhirs  of  the 
said  bounty  shall  be  deferred  until  the  recruit  shall  have  been  mustered 
into  the  regiment  into  which  he  is  to  serve. 

Sec.  11.  That  the  provision  of  the   third  section  of  the  act  of  the     Act  of  the  Crn- 

Conm-ess  of  the  United  States,  makintr  appropri.ations  for  the  lcu:islative, ^'^®^'!,?:.        V'. 

r  1    •    J-    •    1  r  *i  tr      n  t       prohibitmg      the 

executive  and  judicial  expenses  oi  the  government  tor  the  year  ending  purchase  of  arms 

the  thirtieth  day  of  June,  A.  D.,  eighteen  hundred  and  sixty-one,  ap-and  military  sup- 


116  TROVISIONAL  CONGRESS.    Sess.  II.    On.  21,22,  23.    1861. 

plies  of  a  patented  proved  June  twenty-third,  eighteen  hundred  and  sixty,  which  declares 

inycntion,  etc., ?iis- that  no  amis  nor  military  supplies  v?hatcver,  which  are  of  a  patented 

pended  during  the  jj^^^^jj  jpj^^  i>hall  be  purchased,  nor  the  right  of  using  or  applying  any 

^^'"'"  patented  invention,  unless  the  same  shall  be  authorized  by   law,  and 

the  appropriation    therefor    explicitly    set    forth,    that    it   is  for  such 

jiatentcd  invention,  (if  of  force  within  the  Confederate  States,)  shall 

be  stLspended  in  its  operation  for  and  during  the  existing  war. 

ArpuovED  May  16,  1861. 


May  IC  ISCt.  Chap.  XXI. — -(»  Act  to  j'^^ozvle.  a  compr.unnti'on/or  the  Dlsl^rslnrf  OJ/tcerg  of  tJie  acve- 
, ! -  ral  Executive  Dcpitrlmcnts. 

Dishursi-g clerk  The  Coivjrcss  of  the  Confederate  Statcx  of  America  do  enact,  That 
foroach  of  thedc-^l,^  gggj.gtaries  of  the  State,  Treasury,  "War  and  Navy  Departments, 
partmcuts.  ^^^j  ^^  ^-^^  Department  of  Justice,  and  of  the  I*ost-offlcc  Department, 

nis  compcnFa- shall  appoint  one  of  their  clerks  as  u  disbursing  clerk;  and  such 
tion.  clerk  shall  be  alloAVcd,  in  addition  to  his  compensation  as  clerk,  the 

additional  sum  of  two  hundred  dollars  per  annum,  for  disburf3ing  the 
funds  of  said  departments  whieli  may  be  required  to  pass  through 
their  hands.  And  that  all  laws  and  parts  of  laws  now  in  force  re- 
lating to  this  subject,  be  repealed  ;  and  that  this  act  take  effect  and 
be  of  force  from  and  after  its  passage. 
Appro VED  May  16,  1861. 


ifi  mn       <?nAP.  XXir. — An  Act  to  amend  an  act  enHiled  "An  act  (oprovkh/or  t7ie  appomtmeni 
May  10,  1^"!'  ^-^  ClKtplaim  to  the  Arnrj,"  approved  May  third,  eighteen  hundred  and  gixlij  one. 

Pay  of  chaplains       The  Conrp-eas  of  the  Confederate    States  of  America  do  enact,  That 
rcdnccd.  ^^  much  of  the  second  section  of  the  above  recited  act,  as  fixes  the  pay 

of  chaplains  in  the  army  at  eighty-five  dollars,  be  repealed,  and  that  the 
pay  of  said  chaplains  be  fifty  dollars  per  month. 
Approved  May  16,  1861. 


May  16  1861.      Cn\P.  XXTTI.— .-In  Art  to  authorhc  the  President  to  continue  the  Appointments  made  by 
^  him  lithe  Militar)/  and  Nuvnl  Service  durinf/  the  recess  of  Congress  or  the  2»-8sent  s<:»- 

aion,-and  to  submit  them  to  Cungrcaa  at  iis  next  session. 

President  author-      The  Congress  of  the    Confederate  State's  of  America  do  enact,  That 
ize(iioc(>ntinueap-|.^j^  President  be  authorized  to  continue  the  appointments  made  by  him 
bybimln'ihem1ii-in  the  military  and  naval  service  during  the  recess  of  Congress  or  tho 
t'fryand  Bavals&r-  present  session,  and  to  submit  them  to  Congress  at  its  next  session. 
^^••«-  Approved  May  16,  1861. 


PROVISIONAL  CONGRESS.     Sess.  II.    Ch.  24,  1861.  117 

*Chap.  XXIV. ~^»  Act  to  authorize  a  loan  and  the  issue  of  Treasury  Notes  ;  and  to  2Jrs-       JJay  10,  1861. 

erril/e  the  jjunishment  for  forgimj  the  same,  and  for  forr/iiig  Ccrtijicatcs  (^  Stock,  and — 

Bonds, 

The  Congress  of  the  Confederate  States  of  America  do  enact,  Tliat  Secretary  of  tbo 
the  Secretary  of  the  Treasury  may,  with  the  assent  of  the  President  of  Treafury  autUor- 
the  Confederate  States,  issue  fifty  millions  of  dollars  in  bonds,  payable i^^^  to  '^'^"^  fi*"^^ 

,,1  •,•  x>i.i.  i"  ii'ii.  31         •..        p  millions  of  dollars 

at  the  expiration  or  twenty  years  Iruiu  their  date,  and   bearing  a  rate  oi  ^.^  bonds.     When 

interest  not  exceeding  eight  percent,  per  annum  until  they  become  paya- payaWo,  and  rate 

ble,  the  said  interest  to  be  paid  semi-annually.     The  said  bonds,  after  "^  interest. 

public  advertisement  in  three  ncwsiiapcrs  within  the  Confederate  States  „„*","• '^ 't    ^^  ^  ""^ 

tor  SIX  weeks,  to  be  sold  lor  specie,  military  stores,  or  tor  the  proceeds 

of  sales  of  raw  produce   or  manufactured  articles,   to  be  paid  in   the 

form  of  specie  or  with  foreign  bills  of  exchange,  in  such  manner  and 

under  such  regulations  as  may  be  prescribed  by  the  Secretary  of  the 

Treasury,  with  the  assent  of  the  President.     But  it  shall  be  the  duty  of    g^crctarv  to  ro 

the  Secretary  of  the  Treasury  to  report,  at  its  next  ensuing  session,  to  port   his  transac- 

thc  Congress  of  the  Confederate  States,  a  precise  statement  of  his  trans-  tious  to  Cougresa. 

actions  under  this  law.     Nor  shall  the  said  bonds  be  issued  in  fractional     Donomiuation  of 

parts  of  the  hundred,  or  be  exchanged  by  the  said  Secretary  for  treasury  bonds. 

notes,  or  the  notes  of  any  bank,  corporation  or  individual,  but  only  in 

the  manner  herein  prescribed:  Provided,  That  nothing  herein  contained 

ehall  be  so  construed  as  to  prevent  the  Secretary  of  the  Treasury  from 

receiving  foreign  bills  of  exchange  in  payment  of  these  bonds. 

Sec.  2.  And  he  it  further  enacted,  That  in  lieu  of  bonds,  to  an  amount  Secretary  of  tho 
not  exceeding  twenty  millions  of  dollars,  the  Secretary  of  tlie  Treasury,  Treasury  may  ia- 
with  the  assent  of  the  President,  may  issue  treasury  notes  to  the  same  •''^^  treasury  notes 
amount,  without  interest,  and  in  denominations  of  not  less  than  five  dol- )!'„  °^f  'i"!*^ j*'^' i*^ 

1  1  •   1  1  •         1   1        •  n       ^^        T     ^  OOIiaS,     tO 

lars — the  said  notes  to  be  receivable  in  payment  ot  all  debts  or  taxes  the  am'mut  of 
due  to  the  Confederate  States,  except  the  export  duty  on  cotton,  or  in  twenty  miliiona  of 
exchange,  for  the  bonds  herein  authorized  to  be  issued.     The  said  notes   "■""*'■    . 

1     11  111  1  IP  /•  11  oi'-  •         I'euominalion. 

shall  be  payable  at  the  end  ot  two  years  troni  the  date  ot  their  issue,  in  The  notes  reccir- 
Bpecie.  The  holders  of  the  said  notes  may  at  any  time  demand  in  ex-  a^le  in  payment  of 
change  for  them  bonds  of  the  Confederate  States,  pavable  at  the  end  of^'^^^T  ^^^^^'  ^'^' 

,  1  1         •  •  f.     •    1  '  i    •/  cent,  <tc. 

ten  years,  and  bearing  an  interest  ot  eight  per  centum  per  annum,  to  be     Exehani-o  of 

paid  senii-annuaHy.     The  Secretary  of  the  Treasury  is  hereby  authorized  notes  for  the  bonds 

to*  issue  the  said  bonds,  but  not  in  fractional  parts  of  the  hundred.     But^^^*'^°  Cunrcderata 

if  after  the  expiration  of  two  3-ears,  when  the  treasury  notes  shall  bc'^T,,,  '    ,,       .  . 

due,  the  Secretary  of  the  Treasury  shall  advertise  that  he  will  pay  thcjegoof  funding  to 

same,  then  the  privilege  of  fimJiiig  shall  cease  after  six  months  from  the  ceaic. 

date  of  the  advx^rtisement,  unless  there  shall  be  a  failure  to  pay  the  same 

on  their  presentation. 

Sec.  3.  And  be  it  farther  enacted,  That  in  lieu  of  the  notes  authorized     othor  notes  may 
by  this  act,  which  may  be  redeemed,  other  notes  may  be  issued  within  bo  issue.i  i:i  lieu  of 
the  period  of  ten  years  as  aforesaid  :  Provided,  hotoever.  That  the  amount  "^^'^  redecoitd. 
of  such  notes  outstanding,  together  with  the  stock  in  which  the  said 
treasury  notes  may  have  been  funded  under  the  provisions  of  this  act, 
shall  not  exceed  the  sum  of  twenty  millions  of  dollars.     But  the  Secre-     Treasury   notes 
tary  of  the  Treasury  may,  upon  application  of  the  holder  of  a  bond  thus  si^cn  in  exchange 
funded,  redeem  it  by  giving  in  exchange  treasury  notes  issued  under  the  [^|J!^j "^ ''^  ^^'^^  "® 
provisions  of  this  act,  to  such  extent  as  that  the  entire  amount  of  notes 
then  issued,  together  with  the  amount  of  the  bonds  in  which  they  may 
have  been  funded,  shall  not  exceed  twenty  millions  of  dollars. 

Sec.  4.  And  be  it  farther  enacted.  That  the  faith  of  the  Confederate  j,,f,'^^^5  °f?r°  ^th^e 
States  is  hereby  pledged  to  provide  and  establish  suflicient  revenues  forpnyment  of  thein- 
the  regular  payment  of  the  interest,  and  I'or  the  redemption  of  the  said  tercstand  redemp- 
stock  and  treasury  notes.  And  the  principal  sum  borrowed  under  the  *'"^  "*  "^°  ***"'^ 
provisions  of  this  act  and  the  interest  thereon,  as  the  same  shall  from' 


118  PROVISIONAL  CONGRESS.     Sess.  II.     Ch.  25.     1861. 

To  be  paid 'ut  of  time  to  time  become  due  and  payable,  shall  be  paid  out  of  any  money  in 
any  mo- cy  in  the  ^j^^  treasliry  not  otherwise  appropriated. 

Penalties,  Ac.  of  Sec.  5.  And  he  it  further  emiclcJ,  That  this  act  shall  be  deemed  to 
ihc  act  of  9th  contain  all  the  provisions,  limitations  and  penalties  of  the  act  entitled 
Man-h,  1S.>1,   au- q^  act  to  authorize  the  issue  of  treasury  notes,  and  to  prescribe  the  pun- 

thoriziDg  the  issue  .   ,  i.    p       />       •  ^.i.  i    i-       r       •  x-jj      ^  c      ±      ^ 

of  treasury  note?,  isbment  lor  lorging  the  same,  and  tor  lorging  certmcates  oi  stocks, 
consitlL-redasapart  bonds,  or  coupons,  and  approved  March  ninth,  eighteen  hundred  and 
of  this  act.  sixty-one,  which  shall  be  considered  as  parts  of  this  act,  save  the  first, 

second  and  tenth  sections,  and  save  so  much  as  relates  to  interest  upon 
Secretary  of  the  treasury  notcs. 
Treasury  to  collect      gec.  6.  And  be  it  further  enacted,  That  for  the  purpose  of  raising  ten 
the'^'va'ue  ^of%ro- ^^^'''^'^^  ^^  dollars  within   the  present  calendar  year,  and  of  providing 
perty,  Ac,  in  the  fur  the  iiltimate  redemption  of  the  debt  herein  authorized  to  be  con- 
btates,  wiih  thetractcd,  the  Secretary  of   the   Treasury  is  hereby   directed   to  collect 
adoD  ^  To^  ma^ke  "^^'^'""'^*'*^"  '°  regard  to  the  value  of  the  property,  the  revenue  system, 
report  to  Congress,  and  the  amount  collected  during  the  last  fiscal  year  in  each  of  the  Con- 
federate States,  and  to  report  the  same  to  Congress  at  its  next  session,  so 
as  to  enable  it  to  lay  a  fair,  equal  and  convenient  system  of  internal 
taxation,  for  the  purpose  of  securing   the  payment  of  the  interest  and 
principal  of  the  debt  hereby  authorized  to  be  created,  in  such  manner 
as  may  fully  discharge  the  obligation  herein  contracted  by  the  pledge  of 
the  faith  of  the   Confederate  States  to  pay  the  principal  and  interest  of 
Payment    by  the  said  debt  when  due. 
State  into    the      Sec.  7.  And  he  it  further  enactcdy  That  any  State  may  pay  into  the 
Treasury  in  atiiici-^j.g^^g^       in  anticipation  of  the  tax  aforesaid,  any  sum  not  less  than  one 

pation  ol  the  tax.    ,         ,     V, ,  i     i    n  •  •  -^  •      i      x  j   -x-  xi. 

hundred  thousand  dollars,  in  specie  or  its  equivalent;  and  ii/thc  same 
be  paid  on  or  before  the  first  day  of  July  next,  the  said   State  shall  be 
allowed  to  set  off  the  same  with  ten  per  cent,  additional  from  the  quota 
to  be  assessed  upon  the  said  State. 
Approved  3Iay  IG,  1861 


May  17,  1861.       CnAr.  XXV. — An  Act   to  admit  the   Slate  of  North  Carolina  iuto^he  Confederacy,  on  a 
— ■ certain  condition.  * 


Preamb'e.  rpj^^  State  of  North  Carolina  having  adopted  measures  looking  to  an  early 

withdrawal  from  the  United   States,  and  to  becoming  in  the  future  a 
member  of  this  Confederacy,  which  measures  may  not  be  consummated 
before  the  approaching  recess  of  Congress:  Therefore — 
Admission  of  rho       The,  Congress  of  the  Confederate,    States  of  Ameriea   do   enact,  That 
^'*Sina*ufonVhe*'^^^  ^^'^*^  "^  iVorth  Carolina  shall  be  admitted  a  member  of  the  Confede- 
couditio^n  &c.         ^''^^e  States  of  America,  upon  an  equal  footing  with  the  other  States, 
under  the  Constitution  for  the  Provisional  (jlovernnient  of  the  same,  upon 
the   condition   that  the  convention  of  said    State  soon  to  assemble  shall 
adopt  and  ratif}"^  said  Constitution  for  the  1^'ovisional  Government  of  the 
Confederate  States,  and  shall  transmit  to  the  President  of  the  Confederato 
States,  before  the  reassembling  of  Congress,  through  the  Governor  of 
said  State,  or  some  other  proper  organ,  an  authentic  copy  of  the  act  or 
ordinance  of  said  convention  so  adopting  and  i-atifying  said  Provisional 
Constitution;  upon  the  receipt  whereof  the  President,  by  proclamation, 
rros'ident'"^'^'°°  -^  shall  announce  the  fact;  whereupon,  and  without  any  further  proceeding 
on  the  part  of  Congress,  the  admission  of  said  State  into  this  Confederacy, 
under  said   Constitution  for  the  Provisional   Government,  shall  be  con- 
sidered as  complete,  and  the  laws  of  this  Confederacy  shall  thereby  be 


PROVISIONAL  CONGRESS.  Sess.  II.  Cn.  26,  27,  28.    1861.  IIO 

extended  over  said  State  as  fully  aud  couipletcly  as  over  the  other  States 
now  composing  the  same. 

Approved  May  17,  18G1. 


Chai*.  XXVI. — An  Act  to   admit  the  State  »/    Tennessee    into  the   Confederacy,  on   a      Mav  1",  186'. 

certain  condition.  

The  State  of  Tennessee  having  adopted  measures  looking  to  an  early     Preamble. 

withdrawal  from  the  United  States,  and  to  becoming,  in  the  future,  a 

member  of  tliis  Confederacy,  which  measures  ma}'^  not  be  consummated 

before  the  approaching  recess  of  Congress  :  Therefore — 

lUie  CoJir/rcHS  of  the    Confederate    States   of  Ameriea   do  cnocf.,  That    Admission  of  the 
the  State  of  Tennessee  shall  be  admitted  a  member  of  the  Confederate  State  ..f   l\^nnee- 
States  of  America,  upon 'an  equal  footing  with  the  other  States,  u'l^cr  ^^^jJ'^P"^^^''"  *""*" 
the  Constitution  fcr  the  Provisional  Government  of  the  same  :  upon  the 
condition  that  the  said  Constitution  for  the   Provisional  Cioverumciit  of 
the  Confederate  States  shall  be  adopted  and  ratified  by  the  properly  and 
legally  constituted  authorities  of  said  State ;  and  the  Governor  of  said 
state  shall  transmit  to  the  President  of  the   Confederate  States,  before 
the  reassembling  of   Congress,  after  the  recess  aforesaid,  an  authentic 
copy  of  the  proceedings  touching  said  adoption  and  ratification  by  said 
state  of  said  Provisional  Constitution  ;  upon   the  receijit  whereof,  the 
President,  by  ]n-oclamation,  shall  announce  the  fact;  whereupon,  and  ^'■."^''*™"''""^  ^y 
without  any  further  proceeding  on  the  part  of  Congress,  the  admission 
of  said   State  of  Tennessee  into  the  Confederacy,  under  said  Constitu- 
tion for  the  Provisional  Government  of  the  Confederate  States,  shall  be 
considered  as  complete  ;   and   the  laws   of    this  Confederacy  shall  ])e 
thereby  extended   over  said   State,  as  fully  and   completely  as  over  the 
other  States  now  composing  the  same. 

Ai'PROVED  Mav  17,  18G1. 


CnAr.  XXVII. — An  Act   to  tsiahlish  a  mail,  route  from  Vennillionvii'le,  in  the  State  of      May  17,  1S61. 
Louisia-a,  to  Orange,  in  the  State  of  Texas,  and  for  other  purposes.  

The  Con/jress  of  the  Confederate   States  of  America  do  oiaei,  'J'hat     Mail    rouio    cf- 
the  following  mail  route  be  and  the  same  is  hereby  established,  to-wit :  tablishe<l     .'^'■""» 
From  Vermillionville,  in  the  State  of  Louisiana,  to  Orange,  in  the  State  OranKc. 
of  Texas. 

Sec.  2.   Aiid  be  it  further  enacted,  That  the  Postmaster  General  be     Oontraot  forcar- 
and  he  is  hereby  authorized  to  make  the  first   contract  for  carrying  the  ^^Ij^'J^^"''"  "^"'^ 
mail  over  said  route  without  the   necessity  of  advertising  for  bids   for 
said  contract  as  required  by  existing  law;  aud  that  this  act  take  effect        \ 
aud  be  in  force  from  and  after  its  passage. 

Approved  May  11,  18G1. 


CriAi'.  XXVIII. — An  Act  to  provide  an  additional  company  <f  sappers  and  lomhardiert      May  17,  1861. 

for  the  army.  • 

The  Confjress  of  the  Confederate  States  of  America  do  enact,  That  Com-,iany  of  sap- 
there  be  added  to  the  military  establishment  of  the  Confederate  States  Pf^  and  ijombar- 
onc  company  of  sappers   and   bombardiers,  to  consist  of  one  captain,   ^^'^^  added  to  tiio 


12;)  PROVISIONAL  CONGRESS.    Ses5.  II.    Ch.  29,  30.     1861. 

miiit'ry  cstablisb-  two  first  lieutenants,  one  second  lieutenant,  ten  sergeants   or   master 
"'""■  workmen,   ten  corporals  or  overseers,   two  musicians,   thirty-nine    pri- 

vates of  the  first   class,   and  thirty-nine   privates  of  the  second  class, 
who  shall  be  instructed  in  and  pertbrm  all  the'  duties  of  sappers  and 
bumbardiere,  and  shall,  moreover,  under  the  orders  of  the  chief  engi- 
_  ncer,  be  liable  to  serve  by  detachments  in  overseeing  and  aiding  laborers 

upon  fortifications  or  other  works  under  the  engineer  department,  and  in 
supervising  finished  fortifications,  as  fort-keepers,  preveuting  injury  and 
making  repairs. 
<■  Vehicles,  arm?,  Sec.  2.  That  it  siKill  be  the  duty  of  the  coloucl  of  the  engineer  corp.s, 
pontous,  Ac,  for  subject  to  the  approval  of  the  Secretary  of  War,  to  prescribe  the  num- 
tha  service  of  Eaid  >)e^^  q^jantity,  form,  dimensions,  etc.,  of  the  necessary  vehicles,  arms, 
c  ai.j.mj.  pontons,  tofols,   implements,  and  other  supplies  for  the  service  of  said 

company  as  a  body  of  sajipers  and  bom])ardicrs. 
jroniLly  pay  of      Sec.  8.  That  the  monthly  pay  of  the  captain  of  said  compajiy  shall 
officers    and    pri- bc  One  hundred  and  forty  dollars  j  of  each  first  lieutoaaut,  one  hundred 
^*"'"'  •  dollars ;    of   the  second  lieutenant,  ninety  dollars ;    of   the  sergeants, 

thirty-four  dollars ;  of  the  corporals,  twenty  dollars ;  of  the  musicians, 
thirteen  dollars ;  of  the  first  class  privates,  seventeen  dollars ;  and  of 
AriovraDcr^s     totlic  sccond  class  privates,  thirteen  dollars.      And  the  said  commissioned 
!h^>   commissioned  officers  shall  be  entitled  to  the  same  allowances  as  all  other  commissioned 
officers  and  |.  rage,  officers  of  the  army,  and  the  same  right  to  draw  forage  for  horses  as  is 
Rations  and  ai- ficcorded  to  oflicers  of  like  rank  in  the  engineer  corps;  and  the  enlisted 
lov/^!-co3   for   the  men  shall  receive  the  same  rations  and  allowances  as  arc  granted  to  all 
euhiitd  me-.         other  enlisted  men  in  the  army. 

Ax'PKOVED  llav  17,  ISGl. 


May  20,  1861.  Cuap.  XXIX. — An  Act  to  authorize  the  exlenslon  of  the  mail  service  of  the  Con/alcrate 
States  in  certain  eases  and  upon  certain  conditions. 

Extension  of  57,^  Con'jrcsr,  of  the  Confederate  States  of  Amrr'tca  do  enact,  That 
tliu'sta.tcs'and  ter- *''^^  Postmaster  General  be  and  he  is  hereby  authorized,  to  extend  the 
ri'.ories.  Uiail  service  of  the  Confederate  States  over  all  such  states  and  terri- 

tories as  shall,  })y  their  legislative  or  executive  authority,  request  the 
same  to  be  done,  between  this  and  the  meeting  of  the  next  session  of 
the  Congress;  and  that  this  act  take  efiect  and  be  in  force  from  and 
after  its  passage. 

Appkoved  May  20,  1801. 


J'l.iy  21,  1S61.  Chap.  XXX.  — -lu  Act  l<>  admit  the  Stale  of  Arkansas  into  the  Confederacrj- 


Admissionof  the  The  people  of  the  State  of  Arkansas,   in  sovereign  convention,  having 
b  ate  of  Arkans  s.      passed  an  ordinance  dissolving  their  political  connection   with   the 
United  States,  and  another  ordinance  adopting  and  ratifying  the  Con- 
stitution for  the  Provisional  Government  of  the  Confederate  States  of 
America :  Therefore — 

The   Congress  of   the    Covfederate  States  of   America  do  enact,  That 
the  State  of  Arkansas  be  and  is  hereby  admitted  into  this  (Confederacy, 
upon  an  equal  footirg  with  the  other  States,  under  the  Constitution  for 
the  Provisional  Government  of  the  same. 
Appkoved  May  20,  1861. 


PROVISIONAL  CONGRESS.  Sess.  11.   Ch.  31,32,  33.    1861.  121 

Chap.  XXXI. — An  Act  amendatory  of  an  act  to  provide  for  the  organization  of  the  navt/.        May  20,  1861. 

The  Conjrei^s  of  tU  Confederate  States  of  America  do  enact,  That  Corps  of  marines. 
from  and  after  the  passage  of  this  act,  the  cor]:>s  of  marines  shall 
consist  of  one  colonel,  one  lieutenant  colonel,  one  major,  one  quar- 
termaster A?ith  the  rank  of  major,  one  paymaster  with  the  rank  of  major, 
one  adjutant,  with  the  rank  of  major,  one  sergeant  major,  one  quar- 
termaster sergeant,  ten  captains,  ten  first  lieutenants,  twenty  second 
lieutenants,  forty  sergeants,  forty  corporals,  and  eight  hundred  and  forty 
privates,  ten  drummer.^,  and  ten  fii'ers  and  two  musicians. 

Sec.  2.  The  pay  and  emoluments  of  the  officers  and  enlisted  men  shall     PfJ  an<^  cmolu- 
be  the  same  as  that  of  the  officers  and  enlisted  men  of  like  grade  in  the"J,^^f' J^  e^nlis°?d 
infantry  of  the  army,  except  that   the  paymaster  and  the  adjutant  shall  men. 
receive  the  same  pay  as  the  quartermaster,  and  the  adjutant  shall  be 
taken  from  the  captains  and  subalterns  of  the  corps,  and  separated  from 
the  line.     The  rations  of  enlisted  marines  shall  be  the  rations  allowed    Rations  of  enlist- 
by  law  to  seamen.     All  acts  inconsistent  with  the  provisions  of  this  act  ^"^  ^'^"°*'^- 
are  hereby  repealed. 

ArPKOVED  May  20,  18G1. 


Chap.    XXXII. — An  Act  to   amend  an  art  to  provide  /or  the  orr/rniizntion  of  the  navi/,       May  20,  1861. 
approved  March  sixteenth,  cijhteen  hundred  and  sixty  one.  '• 


The  CongrcHfi  of  the  Confederate  States  of  America  do  enact,  That  Appointment  of 
the   President  be  and   he   is  hereby  authorized   to  nominate,  and   l)y  officers  of  the  navy 

and  with  the  advice  and  consent  of   Congress  to  appoint,  all  officers'^    the  U.    •  "^® 
-,  .  ,p  .    '^  '■  .,       '  .  same  raiilc  auu  po- 

ol   the  navy  01  the    united   states,  who   have  resigned   or  may  here- sition  in  the  navy 
after  I'esign   their  commissions  on  account  of  the  secession  of  any  or  all  of  the  C.  S. 
of  the  Confederate  States,  and  ^vho  may  be  fit  for  active  service,  to  the 
Fame   rank   and  position  in  the  navy  of  the  Confederate  States  which 
they  held  in  that  of  the  United  States:/  Provided,  hoiocvcr,  That  no  offi-     ProTlso. 
cer  shall  be  so  appointed  who  may  at  any  time  have  committed  any  act 
of  hostility  against  the  Confederate  States  or  any  one  thereof. 

Sec.  2.  That  the  President  be  authorized  to  assign  officers  of  the  navy  flA^^'^°(.°!f  "'^ .  "^  f 
to  any  duty  connected  with  the  defence  of  the  country,  and  suitable  to  ^^  J^ty^  '  "' 

their  rank,  which  he  may  deem  proper. 

Sec.  3.  That  the  President  be  authorized  to  appoint  six  assistant  pay-  Assistant  pay- 
masters of  the  navy,  each  to  receive  a  salary  of  one  thousand  dollars  ^^ f *ti^ei°r  salaries" 
when  employed  at  sea,  and  seven  hundred  dollars  when  not  thus  em-  'paymasters  to  bo 
ployed;  and  all  paymasters  of  the  navy  shall  be  taken  from  the  grade  of  taken  from  tho 
assistant  paymasters.  grade  of  assistant 

i    •'  paymasters. 

Approved  May  20,  18G1. 


Chap.    XXXIII. — An   Act  to  ettahlish  a  separate   Port  of  Entry  at  Saline  Pass,  in  the       May  21,  1S61. 

County  of  Jefferson,   in   the  State  of  Texas,  and  to  2^^ovidc  for  the  ajtpointment  of  a 

Collector  therein. 

The  Congress  of  the  Confederate  States  of  America  do  enact,  That  Collection  Dis- 
all  that  part  of  the  collection  district  for  the' District  of  Texas  included  trictof  Sabine  Pass 
in  the  cuunty  of  Jefferson  in  the  State  of  Texas,  embracing  all  the  wa- g^f^^^  oV Texas 
ters,  islands,  bays,  harbors,  inlets,  shores  and  rivers  in  the  same,  shall  be  Sabine  Pass  the 
a  collection  district,  to  be  called  the  District  of  Sabine  Pass,  and  Sabine  pon  of  entry  for 
Pass  shall  be  the  port  of  entry  for  said  district.  said  district. 

Sec.  2.  A  collector  for  the  said   district  of  Sabine  Pass  shall  be     Appointment,  of 
appointed  by  the  President,  with  the  advice  and  consent  of  Congress,  collector  for  said 


122  TROYISIONAL  CONGRESS.      Sess.  II.     Ch.  34.     1861. 

district.   Where  to  who  shall  reside  at.Sabinc  Pass,  ftud  hold  his  office  for  the  terms  and  the 
resids;  term  of  of-  j-jm^  prescribed  b}'  law  for  the  like  office  iu  other  districts,  and  who  shall 
'        "  ^"^  y-     -^Q  entitled  to  a  salary  not  exceeding  seventeen  hundred  and  fifty  dollars 
Excess   of   fees  per  annum,  including  in  that  sum  the  fees  allowed  by  law;  and  the 
over  his  salary  to  amount  he  shall  Collect  in  any  one  year  for  fees,  exceeding  the  said  sum 
be  paid   into  the  ^,f>  seventeen  hundred  and  fifty  dollars,  shall  be  accounted  for  and  paid 
asur^.  .^^^  ^^^  treasury  of  the  Confederate  States  of  America. 

Lawscontraven-      Sec.  3.  That  all  laws  and  parts  of  laws  now  in  force,  contravening  the 
in:;  this  act  repeal-  provisions  of  this  act,  be  and  the  same  are  hereby  repealed,  and  that  this 
act  take  efiect  from  and  after  its  passage. 
Approved  May  21,  18(31. 


May  21    ISCl.         Chap.    XXXIV. — An  Ait  to  put  in  operation  the  Government  under  tJie  Permanent  Con- 
.  stitulion  of  the  Confederate  States  of  America. 


Eleciionofmem-       The  Congress  of  the  Confederate   States  of  America  do  enact,  That 
of  Kepresentiitivcs  ^"  election  shall  bc  held  in  the  several  states  of  this  Confederacy,  on  the 
in  t>'e  Congress  of  first   Wednesday   in   November,   eighteen   hundred   and   sixty-one,   for 
the  C.  <.  under  <lie  juembers  of  the  House  of  Representatives  in  the  Congress  of  the  Con- 
tut^on^"'^''     ^^^  ^  federate  States  under  the  permanent   Constitution,  which  election  shall 
be  conducted  in  all  respects  according  to  said  Constitution  and  the  laws 
of  the  several  states  in  force  for  that  purpose;  and  iu  states  which  may 
not  have  provided  by  law  for  such  election,  according  to  the  laws  here- 
tofore existing  iu  such  states  for  the  election  of  members  of  the  House 
Election  of  Pres-  of  Representatives  in  the  Congress  of  the  United   States.     And  on  the 
Pre'siden't        ^°^.same  day  the  several  States  shall  elect  or  appoint  Electors  for  President 
and  Vice  President  of  the  Confederate  States  of  America,  according  to 
said  Constitution,  and  in  the  manner  prescribed  by  the  laws  of  the  seve- 
ral States  made  for  that  purpose ;  and  in  states  where  no  such  laws  may 
exist,   according  to  the  laws  heretofore  in  force  iu  such  states  for  the 
election  or  appointment  of  Electors  for  President  and  Vice  President  of 
the  United  States. 
When  electors  to      Skq.  2.  The  Electors  for  President  and  Vice  President  shall  meet  in 
voltes ^"to  make  out  ^^*^^^  respective  states  on  the  first  Wednesday  in  December,  eighteen 
lists,  'certify    and  hundred  and  sixty-one,  and  proceed  to  vote  for  President  and   Vice 
forward  the  sam-'.  President,  and  make  out  lists,  certify  the  same,  and  forward  the  same  to 
the  President  of  the  Senate;  all  as  directed  by  the  said  Constitution  iu 
that  behalf. 
When  members      Sec.  o.  The  members  of  the  House  of  Representatives  so  elected,  and 
of  the  Senate  and  ^^^  Senators  who  may  be  elected  by  the  several  States  according  to  the 
sentiitives  to  as- pi*t*^'ision  of  said  Constitution,  shall  assemble  at  the  seat  of  government 
scmble  at  the  scat  of  the  Confederate  States,  on  the  eighteenth  day  of  February,  eighteen 
of  sovcrnmcQt.      livmdred  and  sixty-two;  and  the  said  members  of  the  House  of  Repre- 
Speaker    of    the  sentatives  shall  proceed  to  organize  by  the  election  of  a  Speaker,  and  the 
House,  and  Presi-  Senators  by  the  election  of  a  President  of  the  Senate  for  the  time  being; 
dent  of  the  Senate,  ^nd  the  President  of  the  Senate  shall,  on  the  nineteenth  day  of  Febru- 
f  Opcn'in'^ of  certi- '"^^y?  eighteen  hundred  and  sixty-two,  open  all  the  certificates;  and   the 
ficates  and  count-  votes  for  President  and  Vice  President  shall  then  be  counted,  as  directed 
ing  of  votes  ^y  said  Constitution.  ■ 

Inauguration  of      S^c.  4.  The  President  of  the  Confederate  States  shall  be  inaugurated 
resi  ent.  ^^  ^j^^  twenty-second  day  of  February,  eighteen  hundred  and  sixty-two. 

Number  of  rcptc-  Sec.  5.  Be  it  further  enacted,  That  in  case  the  State  of  Virginia 
Bcntatives  to  which  ^\y^^\\  adopt  and  ratify  the  Constitution  for  the  permanent  government  of 
giuia^  Nort  Caro-  ^^^  Confederate  States  of  America  before  the  elections  in  this  act  pro- 
lin:i,Tenacsseeaud  vided  for,  she  shall  be  entitled  to  elect  sixteen  members  to  the  House  of 


PROVISIONAL  CONGRESS.     Sess.  II.     Ch.  35.     1861.  123 

Representatives;  and   the   State  of  North   Carolina,  .in   like   case,   ten  Arkansas  shall  be 

members;  the  State  of  Tennessee,  in  like  case,  eleven;  and   the   State [®J^^*^*' ^^"^ ^ 

of  Arkansas,  in   like  case,  four  members;  the  same  being  upon  the   Basis  of  represen- 

basis  of  one   member   for  every   ninety  thousand  representative   popu-tation, 

lation,  and  one  additional  member  for  a  fraction  over  one-half  of  the 

ratio  aforesaid,  in  each  of  said  States,  under  the  census  of  the  United 

States  taken  in  eighteen  hundred  and  sixty,  and  being  the  same  basis 

of  representation  fixed  for  the  seven  original  States  in  said  Constitution 

for  permanent  government.  I^u'cs  as  to  num- 

Sec.  6.  Be  it  further  enacted,  That  the  same  rules  and  principles  li^^^  ^'■^?^'^^"jj'\^ 
T    11  1        1  1  1  1  ^  T»      •  1      .•   1  T-11     1        •     r\      cii  i      i^iectors  in  said 

shall  be  observed  as  to  the  number  oi  l^rcsidcntml  Electors  lu  the  fetates  states. 

aforesaid  as  in  the  other  seven  original  States. 

Approved  May  21,  18G1. 


Cn.VP.    XXXV. — An  Acl  malcvig  appropriations  in  adJilion  to  those  already  made  for      \jay  21    1861. 

the  military  service  of  the  Confederate  States  of  Amcric   ,  for  the  fiscal  year  ending  the 

eighteenth  day  of  February,  one  thousand  ciijht  hundred  and  si.rty-tico. 

Appropriations. 

The  Comjress  of  the  Confederate   States  of  America   do  enact,  That     p^y  ^^^  „f  (,gj. 

there  be  appropriated  for  the  pay  of  the  officers  and  privates  of  one  cers  and  privates 

liundred  regiments  of  infantry,  and  for  quartermaster's  supplies  of  all ''^  .<>°^   ^'l"' "l'®'* 
,  .     ,      ,.       ^f  ,.•".,.         •      1    J-  1  1         reffimcr.ts  of  infan- 

kinds  lor  the  same,  and  transportation,  including   horses,  wagons,  liar- ^  °   jj^,|  for  quar- 

iiess,  ambulances,  and  other  necessary  cxpenFcs,  for  the  fiscal  year  ending  termaster's    sup  - 

the  eighteenth  of  February,  one  thousand  eight  hundred  and  sixty-two,  pli^s,  Ac. 

twenty-seven  millions  nine  hundred  and  thirty-two  thousand,  four  hundred 

and  ninety-three  dollars  and  twelve  cents. 

Sf.C.  2.  That  there  be  appropriated   for  the  pay,  quartermaster's  sup-    por  the  pay,  Ac., 
plies  of  all  kinds,  transportation  and  other  necessary  expenses  for  one  of  one  rogiiucnt  of 
regiment  of  legionary  formation,  composed  of  one  company  of  artillery,  legionary    forma- 
four  companies  of  caA'alry,  and  six  companies  of  voltigeurs,  five  hundred 
and  fifty  thousand  four  hundred  and  eighty-five  dollars. 

Sec.  3.  That  there  be  appropriated  for  the  purchase  of  subsistence  For  the  purchase 
stores  aud  commissary  property  for  one  hundred  thousand  troops,  for  the  of  subsistence 
fiscal  year  ending  the  ei-hteeuth  of  February,  one  thousand  eight  hun- '^"'^  commissary 

J         ^  kd  ~^  «//^  o  property. 

dred  and  sixty-two,  five  millions  four  hundred  and  sixty-four  thousand, 
two  hundred  and  fifty-eight  dollars  and  eighty  cents. 

•  Sec.  4.  That  there  be  appropriated  for  the  ordnance  service,  for  the    p-or  (he  ordnance 
fiscal  year  ending  the  eighteenth  of  February,  one  thousand  eight  hun-  service,    preserva- 
dred  and  sixty-two — for  the  preservation  of  public  buildings,  quarters,  ^°°°^l^"'''"'^^"^'^' 
barracks,  etc.,  at  the  arsenals,  armories,  and  depots;  tor  the  repairs  and  n;,is,  armories  and 
preservation  of  ordnance  stores;  for  the  pay  of  clerks,  draughtsmen,  depots,  and  of  ord- 
colorers,   superintendents,  overseers,  etc. ;  for  the  purchase  of  horses,  naiico  stores,  ic. 
mules,  forage,  stationery,  and  contingencies  of  ordnance  service;  for  the 
purchase  of  heavy  ordnance  and  carriages,  with  shot  and  shell  for  the 
same;  for  si.xteen  field  batteries  of  six  pieces  each,  with  harness,  imple- 
ments and  ammunition;  for  fifty  thousand  stands  of  small  arms;  for  five 
thousand   pistols  and  holsters;  for  sabres,  swords,  carbines  and  pistols; 
for  five   thousand   sets  of  cavalry  equipments;  for  five  thousand  sets  of 
cavalry  accoutrements,  for  one  hundred  thousand  sets  infantry  accoutre- 
ments, knapsacks,  haversacks  and   canteens;  for  two  and  one-half  mil- 
lion  pounds   powder;  for  materials  for  the  same;  for  lead,  copper,  and 
materials  for  percussion  caps  and  for  friction  tubes;  for  additional  shops 
and   storehouses   at    Mount    Vernon   Arsenal,  Alabama,    and    Augusta 
Arsenal,    Georgia ;    for  machinery,   steam    engine   and   tools ;    for   cap 
machine;  for  bullet  machine;  for  repairs  of  buildings  and  machines  at 
Harper's  Ferry — four  millions  four  hundred  aud  forty  thousand   dollars. 


124  PROVISIONAL  CONGRESS.    Sess.  II.    Ch.  3G,  37.     1861. 

For  medical  and      Sec.  5.  That  there  be  appropriated  for  medical  and  hospital  supplic?, 
hospital  supplies,    f^j.  jIj^j  ygj^p  ending  eighteenth  of  February,  one  thousand  eight  hundred 
and  sixty-two,  the  sum  of  three  hundred  and  fifty  thousand  dollars. 
For  tlie  contin-      Sec.  6.  That  there  be  appropriated  for  the  contingent  service  of  the 
gent  service  of  the  "\yar  Department,  for  the  year  ending  the  eighteenth  of  February,  one 
War  Department.   j|jq^j..^,^j  eight  hundred  and  sixty-two,  the  sum  of  three  hundred  thou- 
sand dollars. 
For    contingent      Sec.  7.  That  there  be  appropriated  for  contingent  expenses  of  the 
expenses  of  the  Ad-  ^^Jjutant  and  Inspectors  General's  Department,  including  office  furniture, 
tor'^Gencral's^De- stationery,  printed  blanks  I'ur  the  use  of  the  army,  record  books,  postage, 
partuicnt.  telegraphic  despatches,  etc.,  for  the  year  ending  the  eighteenth  Febru- 

ary, one  thousand  eight  hundred  and  sixty-two,  the  sum  of  eight  thou- 
sand dollars. 
For  the  pay  of      Sf,c.  8.  That  there  be  appropriated  for  the  pay  of  surgeons,  assistant 
surgeons,  assistant  g^irgg^Qg^  ^^^,^1  chaplains,  for  the  year  ending  the  eighteenth  day  of  Feb- 
S!'"'^°^'"^''^"^'^'^^'T'  o"e  thousand  eight  hundred   and 'sixty-two,  the  sum  of  three 
hundred  and  twenty-nine  thousand  nine  hundred  and  one  dollars. 
Approved  May  21,  1861. 


May  21,  ISCl.  Cu\P.  XXXVT. — An  Act  to  amend  an  act  rdalirc  to  tclcfjrapJn'c  lives  of  iJie  Coti/cd- 
— erute  titatcs,  approved  May,  one  thousand  eitjht  hundred  and  sixty-one. 

Compensation  to  The  Confiress  of  the  Confederate  States  of  America  do  enact.,  That 
agentsof  telegraph  the  sixth  section  of  the  "act  relative  to  telegraph-lines  of  the  Con- 
compjime?  charged  fejgi.ytc  States,"  be  and  the  same  is  hereby  so  amended  as  to  authorize 
by    the    rrcsulent    ,        ,«       .  ,       .     ,         ,,  ,  ,.      •'  ^  i  i  j 

with   special    du-  the  President  to  allow  such  compensation  as  may   be  reasonable  and 

ties.  proper,  in  addition  to  what  may  be  allowed  by  the  telegraph  companies, 

to  such  of  the  agents  of  said  companies  as  he  may  charge  with  special 
and  important   duties,  where  such   agents  are  deemed  trustworthy  and 
acceptable  both  to  him  and  the  companies  concerned. 
Approved  Mav  21,  1861. 


May  21   1861.      Chap.  XXXVII. — An  Act  mal-ing  appropriat'ons  for  the  Lcr/islative  and  Executive 

ej;>cn.ies  of  (jovernment  for  the  year  ending  eighteenth  of  Februari/,  eighteen  hunj^d 

and  sixty-two. 

Appropriations       ^''"^  Congress  of  'he    Confederate    States  of  America   do  enact,  That 
for  the  year  ending  the  following  sums  be  and  the  same  are  hereby  appropriated,  out  of  any 
February  18,  IS 02.  money  in  the  treasury  not  otherwise  appro])riated,  for  the  objects  here- 
after expressed,  for  the  year  ending  the  eighteenth  of  February,  eighteen 
hundred  and  sixty-two : 
Legislative.  Lejjldatlve — For  compensation  and  mileage  of  members  of  Congress, 

twenty-five  thousand  dollars.     For  compensation  of  officers  of  Congress, 
six  thousand  dollars.     For  contingent  expenses  of  Congress,  including 
printing,  five  thousand  dollars. 
Department    of      Department  of   State — For  compensation  of   two   additional  clerks, 
^'^^^^-  two  thousand   dollars.     For  the  publication   and  printing  of  acts  and 

resolutions  of  Congress,-  twenty-two  thousand  five  hundred  dollars.  For 
necessities  and  exigencies  under  laws  already  passed,  or  which  may  be 
pa.ssed,  or  from  causes  which  now  exist  or  may  hereafter  arise,  and  un- 
foreseen emergencies,  forty  thousand  dollars — to  replace  same  amount  in 
State  Department. 
Treasury  Do-  '  Treasur if  Department — For  this  amount  to  pay  interest  on  loan  of 
partment.  February  twenty-eight,  eighteen  hundred  and  sixty-one,  five  hundred 


PROVISIONAL  CONGRESS.     Sess.  II.     Cii.  38.     1861.  125 

thousand  dollars.  For  additional  expenses  under  the  act  ''to  raise  money 
for  the  support  of  the  government,  and  to  provide  for  the  defence  of 
the  Confederate  States  of  America,"  approved  February  twenty-eight, 
eighteen  hundred  and  sixty-one,  thirty  thousand  dollars.  For  inciden- 
tal and  contingent  expenses  of  the  Treasury  Department,  twenty  thou- 
sand dollars. 

Miscellaneous — For  compensation  of  two  watchmen  to  guard  the  cxc-  Miscellaneous, 
cutive  buildings,  at  four  hundred  dollars  each,  and  for  lighting  the  same, 
•sixteen  hundred  dollars.  For  rent  of  executive  building  corner  of  Bibb 
and  Commerce  street,  three  thousand  dollars.  For  rent  of  executive 
liuilding  on  Bibb  street,  between  Coosa  and  Commerce  street,  two 
thousand  dollars.  For  rent  of  building  of  Noble  &  Brother  and  others, 
three  thousand  dollars.  For  furniture  for  executive  mansion,  nine  hun- 
dred and  eighty-seven  dollars  and  fifty-eight  cents.  For  furniture  of 
executive  offices  and  halls,  six  hundred  and  twenty-seven  dollars  and 
twentj'-one  cents.  For  work  done  on  executive  buildings  by  order  of 
committee  of  Congrcs?,  six  hundred  and  thirty-five  dollars  and  fifty-two 
cents. 

Approved  M:iy  21,  ISGl. 


CnAP,  XXXVIII. — An  Act  to  provide /or  certidn  deficlcnc'n'n  in  (he  ajtpropriatioM  for  the      Mav  21,  ISCl. 

I'i)H(-ni}ice  Department  for  ike  year  eiidiiKj  Fcbrnarij  eighteenth,  eighteen  hundred  and  '■ . 

sixitf-vni: 

The  Co))(yress  of  the  Confederate  States  of  America  do  enaet,  That  the     Appropriaions 

foUowins:  sums  shall  be  and  arc  hereby  appropriated,  out  of  any  money '^P'"  '"*^  service  of 

,,       /  i     i.u         •  •    i.    1    /•      i.1  •  r  i.1  A    tl^o  post-office    de- 

in   the  treasury  not  otherwise  appropriated,  lor  the  service  oi  the  post- pjjrt,„cnt   for   the 

office  department,  for  the  year  ending  February  eighteenth,  eighteen  yciir  ending:  Ftb- 
hundred  aud  sixty-two  :  For  increased   compensation  of  the  chiefs  of ''"'^'T  18,  1861. 
the  contract,  appointment  and  finance  bureaus,  one  thousand   one  hun-     Chiefs  of  Bureau, 
dred  and  six   dollars  and   one   cent.     For  compensation  of  disbursing    Disbursing  clerk, 
clerk,  one  hundred  and  forty-seven  dollars  and  forty-seven  cents.     For 
compensation  of  watchmen,  thi-ee  hundred  and  sixty-eight  dollars  and     "Watchmen. 
.<;ixly-scven  cents.     For  compensation  of  four  principal   clerks,  at  four-     Principal  clerks, 
tccu   hundred   dollars  each,  four  thousand   and  thirty-six  dollars  and 
eigli^  cents.     For  compensation  of  ten  clerks,  at  twelve  ihundrcd  dollars     Other  clerks, 
each,  eight  thousand  seven  hundred  and  forty-nine  dollars  and  tAventy 
cents.     For  compensation  of  four  clerks  at  one  thousand  dollars,  two 
thousand  nine  hundred  and  sixteen  dollars  and  forty  cents.     To  supply     To  supply  defi - 
deficiency  in  the  appropriation  for  the  compensation  of  the  postmaster  cicneies. 
general,  clerks  and  messengers  in  his  ofiice,  made  by  the  act  approved 
ninth  day  of  March,  eighteen  hundred  and  sixty-one,  and  entitled  "  an 
act  fai'ther  to  provide  for  the  organization  of  the  Post-office  Depart- 
ment," ten  thousand  dollars.     For  the  compensation  of  agents,  and  for     Telegraph  lino« 
cost  of  materials,  and  constructing,  repairing,  and  operating  telegraph  ^^^  agents, 
lines,  and  for  other  expenses  which   may  be  incurred   under  said  act, 
tliirty  thousand   dollars:    Provided,  That  the   Postmaster    General   is     rroviso. 
hereby  authorized,  with  the  approval  of  the  President,  to  employ  officers 
of  the  telegraph   companies  a.s  agents  to  perform  the  services  specified 
in  the  act  entitled  "an  act  relative  to  telegraph  lines  of  the  Confederate 
States,"  approved  eleventh  day  of  May,   eighteen   hundred   and   sixty- 
one.     But  the  compensation   allowed  to  such  agents  shall  in  no  case 
exceed  that  provided  for  other  agents  by  said  act,  and  shall  be  fixed  by 
the  Postmaster  General,  with  the  approbation  of  the  President. 

Approved  May  21,  18G1. 


126  PROVISIONAL  CONGRESS.     Sess.  II.    Cii.  39,  40.    1861. 

May  21    ISOl.       Chap.  XXXIX. — An  Actconcerningthc  tran^jjoi-tatinno/auldicra,  and  allotcnncc/or  doth- 

, 1 infj  of  volunteers,  and  amendatory  of  the  act  for  the  cstablixhmcnt  and  ortjaitizittton  of 

the  army  of  the  Confederate  Utatcn. 

When  discbarjred      ^^^   Conqrcss  of  the   Confederate  States  of  America  do  enact,  AVhcn 

soldiers  entitle  1  to  trausportation  cauiiot  be  furnished  iu  kind,  the  discharged  soldier  shall 

mileage.  be  entitled  to  receive  ten   cents  per  mile  in  lieu  of  all  traveliuij  pay, 

subsistence,  forage,  and  undrawn   clothing,  from  the  place  of  discharge 

to  the  place  of  his  enlistment  or  enrollment,  estimating  the  distance  by 

the  shortest  mail  route,  and  if  there   is  no  mail  route,  by  the  shortest 

practicable  route.     The  foregoing  to  apply  to  all  officers,   non-commis- 

gioned  officers,  musicians,  artificers,  farriers,  blacksmiths  and   privates 

of  volunteers,  when  disbanded,  discharged,  or  miistered  out  of  service  of 

the  Confederate   States  ;  and  it  shall  also  apjily  to  all  volunteer  troops, 

as  above  designated,  when   travelling  from  tiie  place  of  eurollment  to 

the  place  of  general   rendezvous  or  point  where   mustered  into  service  : 

Proviso.  J^roihhd,  That   nothing  herein   contained  shall   be   so  construed  as  to 

deprive  the  mounted   volunteers  of  the  allowance  of  forty  cents  a  day 

for  the  use  and   risk  of  his  horse,  which  allowance  is  made   from  the 

date  of  his  enrollment  to  the  date  of  his  discharge,  and  also  for  every 

twenty  miles  travel  from  the  place  of  his  discharge  to  the  place  of  his 

enrollment. 

iQM*''  "i  ^^9^"^  *'■'      Skc;-  2.  That  the  fourth  section  of  the  act  of  March  sixth,  eiu-htccn 

18G1,    en.    2b,  sec.  .  •  i      «        i '  i  i-      i    .•  i>  i  i     i 

4,  amended.  hundred  and  sixty-one.  ''  to  provide  tor  the  public  derence,    be  amenUed 

Allowance  of  as  follows,  viz.:  there  shall  be  allowed  to  each  volunteer,  to  be  paid  to 
money  *»  ■^'oiun- j^jj^  ^^^  ^^^^  g^.^,^  muster  and  pay  rolls  after  being  received  and  mustered 
clothin,"  for  si.\  into  the  service  of  the  Confederate  States,  the  sum  of  twenty-one  dol- 
moaths.  '     lars,  in  lieu  of  clothing  for  six  months  ;  and  thereafter  the  same  allow- 

ance in  money  at  every  subsequent  period  of  service  for  six  months  in 
Proviso.  }jg^  qJ"   (.lothing :  Provided,  That  the   price  of   all   clothing   in   kind 

received  by  said  volunteers  from  the  Coniederate  States  government  shall 
be  deducted  first  from  the  money  thus  allowed  ;  and  if  that  sum  be  not 
sufficient,  the  balance  shall  be  charged  for  stoppage  on  the  muster  and 
pay  rolls;  and  that  all  accounts  arising  from  contracts,  agreements,  or 
arrangements  for  furnishing  clothing  to  volunteers,  to  be  duly  certilied 
by  the  company  commander,  shall  be  paid  out  of  the  said  semi-annual 
allowance  of  money. 
Act  of  March  6,      gac.  3.  That  the  twenty-first  section  of  the  act  for  the  organizatiiM  of 
1801   eh  29,  §^21,  ^^^  army  of  the  Confederate  States  be  so  amended  as  to  allow  to  aids-dc- 
allow    to  ai'ls-dc  camp  and  to  adjutants,  forage  for  the  same  number  of  horses  as  allowed 
camp  and  adju-to  officers  of  the  same  grade  in  the  mounted  service. 

tan  18    forage   for 

horses.  AlTROVED  May  21,  18G1. 


M"V  21   18G1.      Chap.  XL. — An  Act  to  he  mtilhd  an  aet  to  amend  "An  net  ta  raise  an  additional  mili- 
! ,  i'^ry  force  to  serve  durin'j  the  icar." 


Act  of  May  8,       The  Congress  of  the  Confederate.    States  of  America  do  enact,  That 

1801,  ch.  5,   §  2,  g(5  j^-^gjj  f^f  ti^g  second  section  of  the  act  entitled  an  act  to  raise  an 

"'^"'^  ■  additional  military  force  to  serve  during  the  war,  passed  Mny  eighth, 

When  subaltern  eighteen  hundred  and  sixty-one,  be  so  amended  as  to  authorize  the 
»L-!!?^2i"l!>??o^,i''^l*»"eyident,  on  the  application  of  any  commanding  officer  of  a  regiment 

assigncu  to  the  da-  '  i       ■       i  i  ■  ^  •  i     i  »•    i       i-  j? 

ties'of  afljiitant.     or  battalion  authorized  by  said  act,  to  assign  a  subaltern  oi  tlie  line  oi 

the  army  to  the  duties  of  adjutant  of  said  regiment  or  battalion. 
Approved  May  21,  1861. 


PROVISIONAL  CONGRESS.     Sess.  II.     Cn.  41,  42,  43,  44.     1861.      127 

Chap.    XLI. — An  Act  to  authorize  the  Preiident  to  confer  temporary  rank  and  command,      May  21.  1S61. 
fur  service  with  volunteer  troops,  on  officers  of  the  Cimfcdcrate  army.  ■ . 


The  Congresa  of  tlic  Covfcdcrate  States  of  Ameriva  do  enact,  That  Conferring  of 
the  President  shall  be  authorized  to  confer  temporary  rank  and  command,  temporary  rank 
for  service  with  volunteers   troops,  on  officers  of  the  Confederate  army:  ^"'^  cinmand  tn 

,  iiii-i  -T  ,1-  ••  •  -1  oincers  ol  the  Con- 

the  same  to  be  held  without  prejudice  to  their  positions  in  said  army,  fcdciate  army,  for 
and  to  have  effect  only  to  the  extent  and  according  to  the  assignment  service  with  volun- 
made  in  general  order.  ^'^'^'^  *'^""P^- 

Approved  3Iay  21,  18G1. 


Chap.  XLII. — An  Act  to  provide  for  the  incidental  cxpetisen  of  thc'pubUc  service  within      May  21,  1861. 

the  Indian  Trihcx. 


The  Congress  of  the  Confederate  States  of  America  dx)  enact,  That  Aj.proiri»tion  to 
the  sum  of  one  huudred  thousand  dollars  be  and  the  same  is  hereby 'necr  the  incidental 
appropriated,  out  of  any  money  in  the  treasury  not  otherwise  appi"^- j,^,l,^i"*'^*se*^y^  jco 
priated,  to  meet  the  incidental  expenses  of  the  public  service  within  the  wi,hin  the  Indian 
Indian  tribes,  for  the  year  ending  February  the  eighteenth,  eighteen  tribes  for  the  year 
hundred  and  sixty-two.  IJut  a  particular  and  specific  account  of  the  "g^^!|"|^  *''^''"**"y 
expenditures  under  this  act  shall  be  made  and  reported  to  Congress  at 
its  next  session  after  the  expiration  of  the  period  herein  named. 

Approved  May  21,  18G1. 


Chap.  XLIII. — An  Act  to  divide  the  State  of  Texas  into  two  Judicial  District^   and      MayTll,  1861. 
jtrovidc  for  the  ajipointment  of  judges  and  officers  in  the  same.  \  

The  Congress  of  the    Confederate    States  of  America  do  enact,  That     Tho     Siato     of 
the  State  of  Texas  be  and  the  same  is  hereby  divided  into  two  judicial  Texas  divided  into 
districts,  in  the  following  manner,  to-wit :  all  the  territory  of  the  State  tJ';|.\g''"  '^'"^       "^' 
of  Texas  within  and  west  of  the  following  named  counties  shall  compose 
one   district,   to  be   called   the   Western   District,   to-wit:    Matagorda, 
Wharton,  Colorado,  Fayette,  Washington,  Burleson,  Milan,  Falls,  Mc- 
Lellan,  Hill,  Johnson,  Tarrant,  Wise,  Montague;  and  all  the  territory 
easfc  of  said  counties  shall  constitute  the  Eastern  District  of  Texas. 

Sec.  2.  There  shall  be  appointed  a  judge  and  marshal  for  said  Wes-     Judcrc  and  mar- 
tern  District.     The  said  iuds-e  shall  hold  two  terms  each   year  of  said  s'lal    for    western 
court,  at  the  city  of  Austin,  and  at  Brownsville,  in  the  county  of  Came-     jp^ms  of  court, 
ron,  at  the  times  prescribed  by  the  laws  of  the    United   States  for   the 
holding  of  the  district  courts  of  the  linited  States,  at  said  places. 

Sec.  3.  All  the  laws  of  the  United  States  relative  to  the  district  Lnws  of  tho  U. 
courts  of  Texas,  and  the  powers  and  jurisdiction  of  the  same,  so  far  as  ^^  ''cla'i^c  to  dis- 
they  are  consistent  with  the  constitution  and  the  laws  of  the  Confedc- j^g  continued  in 
rate  States,  are  hereby  re-enacted  and  continued  in  full  force.  force. 

Approved  May  21,  1861. 


Chap.  XLIV. — An  Act  to proridc  rcvimir  from  commodifirs  iv.pnrtid  from  from  foreign      Maj'  21,  1861. 

countries.  


The  Congress  of  the  Cmif  derate  States  of  America  do  enact,  That  Duties  imposed 
from  and  after  the  thirty-first  day  of  August  next,  a  duty  shall  bd  im- on  g  ods,  Ac,  from 
posed  on  all  goods,  products,  wares  and  merchandize  imported  from  abroad  ^"^^  "f'^'i"  ^^"  '^'st 
into  the  Confederate  States  of  America,  as  follows :  °^  ^"S"'^'  ^^"- 


128  PROVISIONAL  CONGRESS.     Sess.  II.     Cii.  44.     ISGI. 

Clasjificatian,  On  all  articles  enumerated  in  Schedule  A,  an  ad  valorem  duty  of 

twenty-five  per  centum.  On  all  articles  enumerated  in  schedule  IJ,  an 
ad  vakircm  duty  of  twenty  per  centum.  On  all  articles  enumerated  in 
.schedule  C,  an  ad  valorem  duty  of  fifteen  per  centum.  On  all  articles 
enumerated  in  schedule  D,  an  ad  valorem  duty  of  ten  per  centum.  On 
all  articles  enumerated  in  .schedule  K,  an  ad  valorem  duty  of  five  per 
centum.  And  that  all  articles  enumerated  in  schedule  ¥,  a  specific  duty 
as  therein  named.  And  that  all  articles  enumerated  in  schedule  Gr,  shall 
be  exempt  from  duty,  to-wit: 

FAhcJa'c  A,  25  ScuEDULE  A,  (twcnly-five  per  centum  ad  valorem.) 

per  cent.  '  \  J  I  J 

Alahaster  and  spar  ornaments ;  anchovies,  .sardines  and  all  other  fish 
preserved  in  oil. 

Brandy  and  other  spirits  distilled  from  jrrain  or  other  materials,  not 
otherwise  provided  for;  billiard  and  bapjatclle  tables,  and  all  other  tables 
or  boards  on  which  games  are  played. 

Composition  tops  for  tables,  or  other  articles  of  furniture ;  confec- 
tionary, comfits,  sweetmeats,  or  fruits  preserved-  in  sugar,  molasses, 
brandy  or  other  liquons;  cordials,  absynthe,  arrack,  curacoa,  kirschen- 
wesser,  liquers,  maraschino,  ratafia,  and  other  spirituous  beverages  of  a 
similar  character. 

Glass,  cut. 

Manufacturers  of  cedar-wood,  grauadilla,  ebony,  mahogany,  rosewood 
and  satin-wood. 

Scagliola  tops,  for  tables  or  other  articles  of  furniture;  segars,  snufi", 
paper  segars,  and  all  other  manufactures  of  tobacco.. 

Wines — Burgundy,  champagne,  clarets,  madeira,  port,  sherry,  and  all 
other  wines  or  imitations  of  wines. 

Schcdulo  B,  20  Schedule  B,  (twenty  per  centum  ad  valorem.) 


per  ce.:t. 


Almonds,  raisins,  currants,  dates,  figs,  and  all  other  dried  or  preserved 
fruits,  not  otherwise  provided  for;  argentine,  alabata,  or  German  silver, 
manufactured  or  unmanufactured;  articles  embroidered  with  gold,  silver 
or  other  metal,  not  otherwise  provided  for. 

Balsams,  cosmetics,  essences,  extracts,  pastes,  perfumes  and  tinctures, 
used  for  the  toilet  or  for  medicinal  purposes;  bay  rum,  beads  of  amber, 
composition  or  wax,  and  all  other  beads;  bcnzoates ;  bracelets,  braids, 
chains,  curls  or  ringlets  composed  of  hair,  or  of  which  hair  is  a  compo- 
nent part,  not  otherwise  provided  for;  brooms  and  brushes  of  all  kinds. 
^  Camphor,  refined;  canes  and  sticks,  ftn*  walking,  finished  or  unfin- 
ished ;  capers,  pickles,  and  sauces  of  all  kinds,  not  otherwises  provided 
for;  card  cases,  pocket-books,  shell  boxes,  souvenirs,  and  all  similar  arti- 
cles, of  whatever  material  composed,  not  otborwise  provided  for;  com- 
positions of  glass,  set  or  un.set;  coral,  cut  or  manufactured. 

Feathers  and  flowers,  artificial  or  ornamental,  and  parts  thereof,  of 
whatever  material  composed;  fans  and  fire  screens  of  every  description, 
of  whatever  material  composed. 

Grapes,  plums,  and  prunes,  and  other  snch  fruit,  when  put  up  in  bot- 
tles, cases,  or  cans,  not  otherwise  provided  for. 

Hair,  human,  cleansed  or  prepared  for  use. 

Manufactures  of  gold,  platina  or  silver,  not  otherwise  provided  for; 
manufactures  of  papier  mache  ;  molasses. 

l*aintings  on  glass;  pepper,  pimento,  cloves,  nutmegs,  cinnamon,  and 
all  other  spices;  perfumes  ard  perfumery,  of  all  sorts,  not  otherwise  pro- 
vided for;  plated  and  gilt  ware  of  all  kinds,  not  otherwise  provided  for; 


PROVISIONAL  CONGRESS.     Sess.  II.     Ch.  44.     1861.  129 

playing  cards;  prepared  vegetables,  fruits,  meats!,  poultry  aud  game, 
sealed  or  enclosed  in  cans  or  otherwise. 

Silver  plated  metals,  in  sheets  or  other  form ;  soap,  castile,  perfumed, 
Windsor,  and  other  toilet  soaps;  sugar  of  all  kinds;  sjTup  of  sugar. 

Epaulettes,  galloons,  laces,  knots,  stars,  tassels,  tresses,  and  wings  of 
gold  or  silver,  or  imitations  thereof. 

Schedule  C,  Cfiftcen  per  centum  ad  valorem.)  Sciicdule  C,  20 

^  *■  -'  per  (jciit. 

Alum;  arrow-root;  articles  of  clothing  or  apnarel,  including  hats, 
caps,  gloves,  shoes  and  boots  of  all  kinds,  worn  l.y  men,  women  or  chil- 
dren, of  whatever  material  composed,  not  otherwise  provided  for. 

Baizes,  blankets,  bockings,  flannels  and  floor-cloths,  of  whatever  ma- 
terial composed,  not  othervrise  provided  for;  baskets,  and  all  other  arti- 
cles composed  of  grass,  osier,  palm-loaf,  straw,  whalebone  or  willow,  not 
otherwise  provided  for;  beer,  ale  and  porter,  in  casks  or -bottles;  bees- 
wax; berries  and  vegetables  of  all  sorts  used  for  food,  not  otherwise 
provided  for;  blue  or  roman  vitriol,  or  sulphate  of  copper;  bologna 
sausages;  braces,  suspenders,  webbing,  or  other  fabrics  composed  wholly 
or  in  part  of  Indian  rubber,  not  otherwise  provided  for;  breccia;  bur- 
gundy pitch  ;  buttons  and  button  moulds  of  all  kinds. 

Cables  and  cordage,  of  Vr'hatever  material  made  ;  cadmium  ;  calamine ; 
calomel  and  all  other  mei'curial  preparations;  carbonate  of  soda;  castor 
beans;  castor  oil;  candles  and  tapers  of  spermaceti,  stearinc,  parafinc, 
tallow  or  wax,  and  all  other  candles ;  cops,  hats,  mufls  and  tippets,  and 
all  other  manufactures  of  fur,  or  of  which  fur  shall  be  a  component 
part;  caps,  gloves,  leggins,  raits,  socks,  stockings,  vrove  shirts  aud  draw- 
ers, and  all  similar  articles  worn  by  men,  women  and  children;  and  not 
otherwise  provided  for;  carpets,  carpeting,  hearth-rugs,  bed-sides,  aud 
other  portions  of  carpeting,  being  either  Aubusson,  Brussels,  ingrain. 
Saxony,  Turkey,  Venetian,  Wilton,  or  any  other  similar  fabric,  not 
otherwise  provided  for;  carriages  and  parts  of  carriage?;  castorum  ; 
chains,  of  all  sorts ;  cider  and  other  beverages  not  containing  alcohol, 
and  not  otherwise  provided  for;  chocolate;  chromate  of  lead  ;  chromate, 
bi-chromate,  hydriodate,  and  prussiatc  of  potash ;  clocks  and  parts  of 
clocks;  coach  and  harness  furniture  of  all  kinds;  cobalt;  combs  of  all 
kinds;  copper  bottoms;  copper  rods,  bolts,  nails  and  spikes;  copper  in 
sheets  or  plates,  called  brazier's  copper,  and  other  sheets  of  copper,  not 
otherwise  provided  for;  copperas,  or  green  vitriol,  or  sulphate  of  iron; 
corks ;  cotton  cords,  gimps,  and  gallons ;  cotton  laces,  cotton  insertings, 
cotton  trimming,  laces,  cotton  laces  and  braids;  court  plaster;  coral, 
unmanufjictured  ;  crayons  of  all  kinds;  eubcbs;  cutlery  of  all  kinds.  * 

Delaines;  dolls  and  toys  of  all  kinds;  dried  pulp;  drugs,  medicinal. 

Earthen,  china,  and  stone  ware,  and  all  other  wares  composed  of 
earthy  and  mineral  substances  not  otherwise  provided  for;  encaustic 
tiles;  ether. 

Felspar;  fig-blue;  fire-crackers,  sky-rockets,  Roman  caiulles,  and  all 
similar  articles  used  in  pyrotechnics  ;  iish,  whether  fresh,  smoked,  salted, 
dried  or  pickled,  not  otherwise  provided  for;  fruits,  preserved  in  their 
own  juice,  or  pie  fruits;  fish  glue,  or  isinglass;  fish  skins;  fla(s,  braids, 
plaits,  spartcrre  and  willow  srjuares,  used  for  making  hats  or  bonnets ; 
floss  silks,  feather  beds,  feathers  for  beds,  and  downs  of  all  kinds;  frames 
and  sticks  for  umbrellas,  parasols,  and  sunshades,  finished  or  unfinished  ; 
Frankford  black;  fulminates,  or  fulminating  powders;  furniture,  cabinet 
and  household,  not  otherwise  provided  for;  furs,  dressed  on  the  skin. 

Ginger,  dried,  green,  ripe,  ground,  preserved  or  jncklcd ;  glass, 
colored,  stained  or  painted ;  glass,  window ;  glass  crystals  for  watch.cs  ; 


ISO  PROVISIONAL  CONGRESS.     Sess.  11.     Ch.  44.     1861. 

glasses  or  jiebblos  for  spectacles;  glass  tumblers,  plain,  moulded  and 
pressed,  bottles,  flasks,  and  all  other  vessels  of  glass  not  cut,  and  all  glass 
hot  otherwise  provided  for;  glue;  grass  cloth ;  green  turtle ;  gum  ben- 
zoin or  benjamin ;  guns,  except  muskets  and  rifles,  fire-arms,  and  all 
parts  thereof  not  intended  for  military  purposes;  gunny  cloth  and  India 
baggings,  and  India  mattings  of  all  sorts,  not  otherwise  provided  for. 

Hair  curled,  moss,  seaweed,  and  all  other  vegetable  substances  used 
for  beds  or  mattresses;  hair  pencils;  hat  bodies  of  cotton  or  wool;  hats 
and  bonnets,  for  mep,  women  and  children,  composed  of  straw,  satin- 
straw,  chip,  grass,  paU  i-leaf,  willow,  or  any  other  vegetable  substance,  or 
of  hair,  whalebone,  or  other  materials,  not  otherwise  provided  for ;  hat- 
ter's plush,  of  whatever  material  composed  ;  honey. 

Ink  and  ink  powder;  ipecacuanha;  iridium;  iris  or  orris  root;  iron 
castings;  iron  liquor;  iron  in  bars,  bolts,  rods,  slabs,  and  railroad  rails, 
spikes,  fishing  plates  and  chairs  used  iu  constructing  railroads;  ivory 
black. 

Jalap;  japanned  ware  of  all  kinds  not  otherwise  provided  for;  jet.,  and 
manufactures  of  jet,  or  imitations  thereof ;  jewelry,  or  imitations  thereof; 
juniper  berries. 

Laces  of  cotton,  of  thread,  or  other  materials  not  otherwise  provided 
for;  lampblack;  lastings  cut  in  strips  or  patterns  of  the  size  or  shape 
for  shoes,  boots,  bootees,  slippers,  gaiters  or  buttons,  of  whatever  mateiial 
composed;  lead  pencils;  leaden  pipes;  leather,  japanned ;  leeches;  linens 
of  all  kines;  liquorice,  paste,  juice  or  root;  lithai'ge. 

Maccaroni,  vermicelli,  gelatine,  jellies -and  all  other  similar  preparations 
not  otherwise  provided  for ;  machinery  of  every  description  not  otherwise 
])rovided  for;  malt;  magnesia;  manganese;  manna;  manufactures  of  the 
bark  of  the  cork  tree;  manufactures  of  silk;  manufactures  of  wool  of  all 
kinds,  or  worsted,  not  otherwise  provided  for;  manufactures  of  hair  of  all 
kinds  not  otherwise  provided  for;  manufactures  of  cotton  of  all  kinds  not 
otherwise  provided  for ;  manufactures  of  flax  of  all  kinds  not  otherwise 
provided  for ;  manuflictures  of  hemp  of  all  kinds  not  otherwise  provided 
for;  manufactures  of  bone,  shell,  lioin,  pearl,  ivorj-,  or  vegetable  ivory, 
not  otherwise  provided  for;  manufLictures,  articles,  vessels  and  wares  not 
otherwise  provided  for,  of  brass,  copper,  iron,  steel,  lead,  pewter,  tin,  or  of 
which  either  of  these  metals  shall  be  a  component  part ;  manufactures, 
articles,  vessels  and  wares  of  glass,  or  of  which  glass  shall  be  a  component 
material,  not  otherwise  provided  for;  manutixctures  and  articles  of  leather, 
or  of  which  leather  .shall  be  a  component  part,  not  otherwise  provided  for; 
manufactures  and  articles  of  marble  ;  marble  paving  tiles,  and  all  other 
marble  more  advanced  in  manufacture  than  in  slabs  or  blocks  in  tho 
rough  not  otherwise  provided  for ;  manufactures  of  papei',  or  of  which 
paper  is  a  component  material,  not  otherwise  provided  for  ;  manufactures 
.of  wood,  or  of  which  wood  is  a  comjionent  part,  not  otherwise  provided 
for;  matting,  china  or  other  floor  matting,  and  mats  made  of  flags,  jute, 
or  grass;  medicinal  prqjarations,  drugs,  loots  and  leaves  in  a  crude  state, 
not  otherwise  provided  for;  mor])hine;  metallic  pens;  mineral  waters ; 
musical  instruments  of  .all  kinds,  and  strings  for  musical  instruments,  of 
whip-gut,  cat-gut,  and  all  other  strings  of  the  same  material  ;  mustard  in 
bulk  or  in  bott.les;  mustard  seed. 

Needles  of  all  kinds,  for  sewing,  darning  and  knitting ;  nitrate  of  lead. 

Ochres  and  ochi'ey  eai'ths ;  oil  cloths  of  every  decription,  of  whatever 
material  composed;  oils  of  every  description,  animal,  vegetable  and  mine- 
ral, not  otherwise  provided  for ;  olives,  opium  ;  orange  and  lemon  peel; 
osier  or  willow,  prejjared  for  basket  makers'  use. 

Paints,  dry  or  ground  in  oil,  not  otherwise  provided  for;  paper,  anti- 
quarian, den)y.  drawing,  elephant,  foolscap,  imperial,  letter,  and  for  print- 


PROVISIONAL  CONGRESS.     Sess.  II.     Ch.  44.     1861.  131 

ins:  newspapers,  hand-bills  and  other  printing;,  and  all  other  paper,  not 
otherwise  provided  for ;  paper  boxes,  and  all  other  fancy  boxes ;  paper 
envelopes;  paper  hangings,  paper  for  walls,  and  pa]«?r  for  screens  or  firo- 
boards  ;  parchment;  parasols  and  sun  shades,  and  umbrellas;  patent  mor- 
dant; paving  and  roofing  tiles,  and  bricks,  and  roofing  siiites,  and  fire 
briclvs ;  periodicals  and  other  works,  in  course  of  piinting  and  republica-  , 

tion  in  the  Confederate  States  ;  pitch  ;  plaster  of  paris,  calcined  ;  plum- 
bago ;  potassium  ;  putty. 

Quicksilver;  (juills;  quasia,  manufactured  or  unmaniifiictured. 

Ked  chalk  pencils ;  rhubarb;  roman  cement. 

Saddlery  of  all  kinds,  not  otherwise  provided  for ;  saffron  and  safiVon 
cake;  sago;  salts,  epsom,  glauber,  and  rochelle,  and  all  olher  salts  and 
preparations  of  salts  not  otherwise  provided  for;  sarsa))arilla ;  screws  of 
all  kinds  ;  sealing  wax  ;  seines;  seppia  ;  sewing  silk,  in  the  gum  and  puri- 
rified  ;  shaddocks  ;  skins  of  all  kinds,  tanned,  dressed  or  japanned  ;  slate  ( 
pencils;  smaltz ;  soap  of  every  deseiiption  not  otlierwisc  provided  for; 
spirits  of  turpentine  ;  spunk;  squills;  starch  ;  stereotype  j^lates;  still  bot- 
toms ;  sulphate  of  barytes,  crude  or  refined;  sulphate  of  quinine,  and 
quinine  in  all  its  various  preparations. 

Tapioca;  tar;  textile  fabrics  of  every  description,  not  otherwise  pro- 
vided for  ;  twine  and  pack  thread,  of  whatever  material  composed  ;  thread 
lacings  and  insertings;  types,  old  or  new,  ancf  type  metnls. 

Umbrellas;  vandyke  brown;  vanilja  beans ;  varnish  of  all  kinds  ;  vol- 
hnn  ;  Venetian  red ;  velvet  in  the  piece,  composed  wholly  of  cotton,  or  of 
cotton  and  silk,  but  of  which  cotton  is  the  coniiionent  material  of  chief 
value;  verdigris;  vermillion  ;  vinegar. 

Wafers;  water  colors ;  whalebone;  white  and  red  lead;  white  vitriol, 
or  sulphate  of  zinc;  whiting,  or  Paris  white;  window  glass,  broad,  crov,-n 
or  cylinder  ;  woolen  and  worsted  yarns,  and  woolen  listings;  shot  of  lead, 
not  otherwise  provided  for ;  wheelbarrows  and  handbarrows;  wagons  and 
vehicles  of  every  description. 

Schedule  D,  (ten  per  centum  ad  valorem.)  Schodu.'o  t>,  tea 

per  cent. 

Acids  of  every  description  not  otherwise  provided  for;  alcornoqnc  ; 
aloes;  ambergris;  amber;  ammonia  and  sal  ammonia;  anatto,  roucon 
or  Orleans;  angora  Thibet,  and  other  goats'  hair,  or  mohair,  unmanufac- 
tured, not  othei'wise  provided  for  ;  annis  seed  ;  antimonv,  crude  or  regnlus 
of;  argol,  or  crude  tartar ;  arsenic;  ashes,  pot,  pearl  i.nd  soda;  asphal- 
tuin  ;  assafoetida. 

Bananas,  cocoa  nuts,  pine  apples,  plantai.'^s,  oranges,  and  all  other  West 
India  fruits  in  their  natural  state;  barilla;  bai'k  of  all  kinds,  not  other- 
wise provided  for;  bark,  Peruvian  ;  bark,  guilla  ;  bismouth  ;  bitter  ap})les; 
bleaching  powder  of  chloride  of  lime  ;  bones,  burnt ;  boards,  planks,  staves, 
shingles,  laths,  scantling,  and  all  other  sawed  lumber;  also  spars  and 
hewn  timber  of  all  sorts,  not  otherwise  provided  for;  bone  black,  or 
animal  carbon,  and  bone  dust ;  bolting  cloths  ;  books,  printed,  magazines, 
pamphlets,  periodicals,  and  illustrated  newspapers,  bound,  or  unbound,  • 
not  otherwise  provided  for;  books,  blank,  bound  or  unbound  ;  borate  of 
lime;  borax,  crude  or  tincal  ;  borax  refined;  buchu  leaves;  boxwood, 
unmanufactured  ;  Brazil  paste  ;  Brazil  wood,  braziletto,  and  all  dye-woods 
in  sticks;  bristles;  bronze  and  Dutcli  metal  in  leaf,  bronze  liquor  and 
bronze   powder;  building  stones;  butter;    burr  stones,  wrought  or  un-  '^ 

wrought. 

Cabinets  of  coins,  medals,  gems,  and  all  collections  of  antiqnifies;  cam^ 
phor,  crude;  cantharides ;  cassia  and  cassia  buds;  chalk;  clieeso ; 
cliickory  root ;  chronometers,  box  or  sliip,  and   parts  thereof;  clay,  burnt 


132  PROVISIONAL  CONGRESS.     Sess.  II.     Cii.  44.     1861. 

or  unlmrnt  brickf^,  paviiic^  and  roofiiii^  tiles,  gas  retorts,  and  roofinij  slates  ; 
coal,  coke,  and  cidm  of  coal ;  cochineal ;  cocoa  nuts,  cocoa  and  cocoa 
shells  ;  coculus  indicus  ;  coir  yarn  ;  codilla,  or  tow  of  hemp  or  flax  ;  cow- 
liao-e  down ;  cream  of  tartar ;  cudbear. 

Diamonds,  cameos,  mosaics,  gems,  pearls,  rubies,  and  other  precious 
•  stones,  and  imitations  thereof,  Avlien  set  in  gold  or  silver,  or  other  metal ; 

diamond  glaziers,  set  or  not  set ;  dragon's  blood. 

Engravings,  bound  or  unbound  ;  extract  of  indigo ;  extracts  and  decoc- 
tions of  log-wood  and  other  dye-wood,  not  otherwise  provided  for;  extract 
of  madder;  ergot. 

P'lax,  unmanufactured  ;  flaxseed  and  linseed  ;  flints  and  flint  ground  ; 
flocks,  waste  or  shoddy  ;  French  chalk  ;  furs,  hatters',  dressed  or  un- 
dressed, not  on  the  skin  ;  furs,  undressed,  wlien  on  the  skin. 

Glass,  when  old  and  fit  only  to  be  re-manufactured  ;  gainboge ;  gold 
and  silver  leaf ;  gold-beaters' skin  ;  grindstones;  gum — Arabic,  15arbary, 
co])al.  East  Indies,  Senegal,  substitute,  tragacanth,  and  all  other  gums  and 
rosins,  in  a  crude  state,  not  otherwise  provided  for. 

ITair,  of  all  kinds,  uncleansed  and  unmanufactured;  hemp,  unmanu- 
factured ;  hemp  seed  and  rape  seed ;  hops,  horns,  horn-tips,  bone,  bone- 
tips,  and  teeth,  unmanufactured. 

Ivory,  unmanufactured,  ivoiy  nuts,  or  vegetable  ivory. 
Jute,  sisal  grass,  coir,  and  other  vegetable  substances,  unmanufactured, 
not  otherwise  provided  for. 
Kelp ;  kermes, 

Lac  spirits,  lac  sulphur,  and  lac  dye ;  leather,  tanned,  band,  sole,  and 
upper  of  all  kinds  not  otherwise  provided  for;  lemons  and  limes,  and 
lemon  and  lime  juice,  and  juices  of  all  other  fruits  without  sugar;  lime. 

Madder,  ground  or  prepared  ;  madder  root ;  marble  in  the  rough  slab 
or  block,  unmanufactured  ;  metals,  unmanufactured,  not  otherwise  pro- 
vided for  ;  mineral  kermes  ;  mineral  and  bituminous  substances,  in  a  crude 
state,  not  otherwise  ])rovided  for ;  moss,  iceland  ;  music,  printed  Avith 
lines,  bound  or  unbound. 

Natron ;  nickel ;  nuts,  not  otherwise  provided  for :  nut  galls ;  nux 
vomica. 

Oakum  ;  oranges,  lemons,  and  limes,  orpiment. 

Palm  leaf,  unmanufactured ;  pearl,  mother  of ;  pine  apples;  plantains; 
platina,  unmanufactured ;  polishing  stones ;  potatoes;  prussiau  blue;  pu- 
mice and  pumice  stone. 

Kattans  and  reeds,  unmanufactured ;  red  chalk  ;  rotten  stone. 
Safflower ;  sal  soda,  and  all  cai'bonates  and  sulphates  .of  soda,  by  what- 
ever names  designated,  not  otherwise  provided  for;  seedlac ;  shellac; 
silk,  raw,  not  more  advanced  in  maimfacture  than  singles,  tram  and 
thrown,  or  organzine ;  sponges ;  steel,  in  bars,  slieets  and  plates,  not  fur- 
ther advanced  in  jnanutacture  than  by  rolling;  and  cast  steel  in  bars; 
sumac  ;  sulphur,  flour  of. 

Tallow,  marrow,  and  all  other  grease  or  soap  stock  and  soap  stufis,  not 
otherwise  provided  for. 

Tea;  leine  tin,  in  ])lntes  or  sheets  ;  teazle,  terra  japonica,  catechu  ;  tin, 
in  plates  or  sheets,  and  tin  foil ;  tortoise,  and  other  shells,  unmanufactured  ; 
trees,  shi'ubs,  bulbs,  plants  anil  roots,  not  otherwise  provided  for  ;  turmeric. 
Watches  and  parts  of  watches;  woad  or  pastel  1 ;  woods,  viz.  :  cedar, 
box,  ebony,  lignum  vita;,  granadilla,  mahogany,  rose-wood,  satin-wood, 
and  all  other  woods,  unmanufactured. 

Ii'on  oie,  and  iron  in  bloom,  loops  and  pigs. 

Maps  and  charts. 

Paintings  and  statuary  not  otherwise  provided  for. 


PROVISIONAL  CONGRESS.     Sess.  II.     Cii.  44.     1861.  13S 

Wool,  unmanufactured,  of  every  description,  and  hair  of  the  Alpaca  goat 
and  otlier  like  animals. 

Specimens  of  natural  history,  mineralogy,  or  botany,  not  othcr\yise  pro- 
vided for. 

Yams. 

Leaf  and  unmanufactured  tobacco. 

Schedule  E,  (five  per  centum  ad  valorem.)  Schednle    E,    5 

^  ^  psroen!. 

Articles  used  in  dyeing  and  tanning,  not  otherwise  provided  for. 

Brass,  in  bars  or  "pigs,  old  and  fit  only  to  be  re-manufactured;  bells, 
old  ;  bell  metal. 

Copper,  in  pigs  or  bars ;  copper  ore  ;  copper,  when  old  and  fit  only  to 
be  re-manufactured  ;  cutch. 

Diamonds,  cameos,  mosaics,  pearl,  gems,  rubies,  and  otlier  precious 
stones,  and  imitations  thereof,  when  not  set. 

Emerj^jji  lump  or  pulverized. 

Felt,  adhesive,  for  sheathing  vessels  ;  Fuller's  earth. 

Gums  of  all  sorts,  not  otherwise  provided  for ;  gutta  percha,  unmanu- 
factured. 

Indigo  ;  India  rubber,  in  bottle,  slabs,  or  sheets,  unmanufactured;  India 
rubber,  milk  of. 

Junk,  old. 

Plaster  of  Paris,  or  sulphate  of  lime,  ground  or  unground  ;  raw  hides 
and  skins  of  all  kind  undressed. 

Sheathing  copper — but  no  copper  to  be  considered  as  such,  except  in 
sheets  forty-eight  inches  long  and  fourteen  inches  wide,  and  weighing  from 
eleven  to  thirty-four  ounces;  sheathing  or  yellow  metal  not  wholly  or  part 
of  iron  ;  sheathing  or  yellow  metal ;  nails  expressly  for  sheathing  vessels  ; 
sheathing  paper;  stave  bolts  and  shingle  bolts. 

Tin  ore,  and  tin  in  pigs  or  bars;  type,  old  and  fit  only  to  be  re  manu- 
foctured. 

Wold. 

Zkic,  spelter,  or  tentenegue,  unmanufiictured. 

Schedule  F.     (Specific  Duties.)  Schedule  F,  spe- 

cific duties. 

Ice — one  dollar  and  fifty  cents  per  ton. 

Salt — ground,  blown  or  rock — two  cents  per  bushel,  of  fifly-six  pounds 
per  bushel. 

Schedule  G.     (Exempt  from  Duty.)  Schedule  G,  ex- 

empt from  duty. 

Books,  maps,  charts,  mathematical  and  nautical  instruments,  philosophi- 
cal apparatus,  and  all  other  articles  whatever,  imported  for  the  use  of  the 
Confederate  States ;  books,  pamphlets,  periodicals  and  tracts,  published 
by  religious  associations. 

All  philosophical  apparatus,  instruments,  books,  maps  and  charts ; 
statues,  statuary,  busts  and  casts,  of  marble,  bronze,  alabaster,  or  plaster 
of  paris ;  paintings  and  drawings;  etchings;  specimens  of  sculpture; 
cabinets  of  coins  ;  medals,  gems,  and  all  collections  of  antiquities :  Pro- 
vided^ The  same  be  specially  imported  in  good  faith  for  the  u.sc  of  any 
society  incorporated  or  established  for  philosophical  and  literary  purposes, 
or  for  the  encouragement  of  the  fine  arts,  or  for  the  use  or  by  the  order 
of  any  church,  college,  academy,  school  or  seminary  of  learning  in  tho 
Confederate  States. 

Bullion,  gold  and  silver. 


134  PROVISIONAL  CONGRESS.    Sess.  II.    Ch.  44.     1861. 

Coins,  gold,  silver  and  copper  ;  coflFee  ;  cotton  ;  copper,  when  imported 
for  the  mint  of  the  Confederate  States. 

Garden  seeds,  and  all  other  seeds  for  agricultural  and  horticultural  pur- 
poses; goods,  wares,  and  merchandize,  the  growth,  produce  or  manufac- 
ture of  the  Confederate  States,  exported  to  a  foreign  country  and  brought 
back  to  the  Confederate  States  in  the  same  condition  as  when  exj)orted, 
upon  which  no  drawbacdc  has  been  allowed:  Provided,  That  all  regula- 
tions to  ascertain  the  identity  thereof,  prescribed  by  existing  laws,  or 
which  may  be  prescribed  by  the  Secrelary  of  the  Treasury,  shall  be  com- 
plied with. 

(iruano,  manures,  and  fertilizers  of  all  sorts. 

Household  eftects,  old  and  in  use,  of  persons  or  families  from  foreign 
countries,  if  used  abroad  by  them,  and  not  intended  for  any  other  [)urpose 
or  purposes,  or  for  sale. 

Models  or  inventions  or  other  improvements  in  the  arts  :  Provided,  That 
no  article  or  articles  shall  be  deemed  a  model  which  can  be  fitted  for  use. 

Paving  stones;  personal  and  household  effects,  not  merckandise,  of 
citizens  of  the  Confederate  States  dying  abroad. 

Specimens  of  natural  history,  mineralogy,  or  botany ;  provided  the 
same  be  imported  in  good  faith  for  the  use  of  any  society  incorporated  or 
established  for  philosophical,  agricultural  or  horticultural  purposes,  or  for 
the  use  or  by  the  order  of  any  college,  academy,  school  or  seminary  of 
learning  in  the  Confederate  States. 

Wearing  apparel,  and  other  personal  effects  not  merchandise ;  profes- 
sional books,  implements,  instruments,  and  tools  of  trades,  occupation  or 
employment,  of  persons  arriving  in  the  Confederate  Slates:  Provided, 
That  this  exemption  shall  not  be  construed  to  include  machinery,  or  other 
articles  imported  for  use  in  any  manufocturing  establishment,  or  for  sale. 

T3acon,  pork,  hams,  lard,  beef,  wheat,  flour  and  bran  of  wheat,  flour  and 
bran  of  all  other  grains,  Indian  corn  and  meal,  barley,  rye,  oats  and  oat 
meal,  and  living  animals  of  all  kinds,  not  otherwise  provided  for;  also  all 
agricultural  productions,  including  those  of  the  orchard  and  gafrden,  in 
their  natural  state,  not  otherwise  provided  for. 

Gunpowder,  and  all  the  materials  of  which  it  is  made. 

Lead,  in  pigs  or  bars,  in  shot  or  balls,  for  cannon,  muskets,  rifles  or  pistols. 

liags,  of  whatever  material  composed. 

Arms  of  every  description,  for  military  purposes,  and  parts  thereof, 
munitions  of  war,  military  accoutrements,  and  percussion  caps. 

Ships,  steamers,  barges,  dredging  vessels,  machinery,  screw  yflle  jetties, 

and   articles  to  be  used  in  the   construction  of  harbors,  and  for  dredging 

and  impioving  the  same. 

Non-ori'iiinerated      Sec  2.  And  he  it  further  enacted.  That  there  shall  be  levied,  collected 

artielcs  bearing  a  and  paid  on  each  and  every  non-enumerated  article  which  bears  a  simili- 

i'L'^.'o' ^Hv^t^f*^"!' tude,  cither  in  material,  quality,  texture,  or  the  "uses  to  which  it  mav  be 

Licito   enumerated,  t     ^    ^  i  •    i         i  i  i         •  i      i  i  *         ^ 

i-hart.'eablo    wi  th  Jipi'licd,  TO  any  enumerated  article  cliargeabie  with  duty,  the  same  rate  of 

the  duties  on  the  duty  which  is  levied   and   charged  on  the  enumerated   article  by  the  fore- 

"^    ^'  ^'^'^^l^  schedules,  which  it  most  resend>les  in  any  of  the  particulars  before 

When  the  rescm- "^^ntioned  ;  and  if  any  non-enumerated  article  equally  resembles  two  or 

bianco  is  to  two  or  more  enumerated  articles  on  wliich  different  rates  of  duty  are  chargeable, 

more  articles.         there  shall  be  levied,  collected  and  paid  on  such  non-enumerated  article 

the  same  rate  of  duty  as  is  chargeable  on  the  article  M'liich  it  resembles. 

Proviso.  paying  the   highest  duty  :  Provided,  That  on  all   articles  manufactured 

from  two  or  more  materials,  the  duty  shall  be  assessed  at  the  hrghest  rates 

at  which  any  of  its  component  parts  may  be  chargeable  :  Provided  further, 

Duty  of  ten  por 'phat  ou  all  articles  which   are  not  emmieratcd  in  the  foregoing  schedules 

Ucles^noteuumcra-''"'^^   cannot  be  classified  under  this  section,  a  duty  of  ten   per  cent,  ad 

ted  and  classifiod.  valorem  shall  be  charfrcd. 


PROVISIONAL  CONGRESS.     Sess.  II.     Ch.  45.     1861.  136 

Sec.  3.  And  be  it  further  enacted,  That  all  goods,  Avarcs  and  niercban-  Goods  in  pnb'ic 
dize  wliich  may  be  in  the  pub!i<'.  stores  as  unclaimed,  or  in  warehouse  ^^°'"<=^.«^^  ^^o"'*'"^- 
under  warehousing  bonds,  on  the  thirty-first  day  of  August  next,  shall  be  under '°b^ndt*'"on 
subject,  on  entry  thereof  for  consumption,  to  such  duty  as  if  the  same  had  the  31st  of  August, 
been  imported,  respectively  after  that  day.  ISOI. 

Sec.  4.  And  be  it  further  enacted,  That  on  the  entry  of  any  goods.     Decision  of  col- 
wares  or  merchandise,  imported  on  or  after  the  thirty-first  day  of  August  ^'^'^'"'■*^**;'''^^^l''y 
aforesaid,  the  decision  of  the  collector  of  customs  at  the  port  of  i»>  fVomdiily^'ofKo'ds 
portation  and  entry,  as  to  their  liability  to  duty  or  exemption  therefrom,  imported    on    or 
shall  be  final   and  conclusive  against  the  owner,  importer,  consignee  or  <'^^'<^'"  the  31st  At- 
agent  of  any  such  goods,  wares  and  merchandise,  unless  the  owner,  im- ^^'I'j'^i^jj^jIjj.'-^^  °^_ 
porter,  consignee  or  agent  shall,  within  ten   days  after  such  entry,  give  less,  A  . 
notice  to  the  collector,  in  writing,  of  his  dissatisfaction  with  such  decision, 
setting  forth  therein  distinctly  and  specifically  his  ground  of  objection 
thereto,  and  shall,  within  thirty  days  after  the  date  of  such  decision,  appeal     Appeal   allowed 
therefrom  to  the  Secretary  of  the  Treasury,  whose- decision  on  such  appeal  J*^  f^e-rotHry  of  ibe 
.shall  be  final  and  conclusive;  and  the  said  goods,  wares  and  merchandise  ^'■^'»s"'">'- 
shall  be  liable  to  duty  or  exemption   therefrom  accordingly,  any  act  of 
Congress  to  the  contrary  notwithstanding,  unless  suit  shall  be   brought 
within  thirty  days  after  such   decision,  for  any  duties  that  may  have  been 
paid,  or  may  thereafter  be  paid  on  said  goods,  or  within  thirty  days  after 
the  duties  shall  have  been  paid  in  cases  where  such  goods  shall  be  in  bond. 

Skc.  5.  And  be  it  further  enacted,  That  it  shall  be  lawful  tor  the  owner.     Invoice  ralue  of 

consignee,  or  agent  of  imports  which  have  been  actually  purchased  or  i'"Po«''s    may   bo 

procured  otherwise  than  by  i^urchase,  on  entry  of  the  same,  to  make  such  '■"'^"■''^  *<'  ^^^  ^^^^ 
'  ,  ,.  .         .       ,  ,•'   i  '     ,  .•'         .       ,       .    '    ,  .     1  .    uiurkct  value, 

addition  in  the  entry  to  the  cost  or  value  given  in  the  invoice  as,  in  his 

opinion,  may  raise  tlie  same  to  the  true  market  value  of  such  imports  in 

the  principal  markets  of  the  country  whence  the  importations  shall   have 

been  made,  and  to  add  thereto  all  costs  and  charges  which,  under  existing    AdJitton  of  cosis 

laws,  would  form  part  of  the  true  value  at  the  port  where  the   same  may  *°*^  charges. 

be  entered,  upon  which  the  duty  should  be  assessed,     And  it  shall  bo  the 

duty  of  the  collector  within  whose  district  the  same  may  be  im]-)orted  or 

entered,  to  cause  the  dutiable  value  of  such   imports  to  be  appraised,  esti-     r>utiablo_  valno 

mated  and  ascertained,  in  accordance  with  the  provisions  of  existing  laws;  ^°  ^^  appraised. 

and  if  the   appraised   value  thereof  shall   exceed   by  ten   per  ces^'tum,  or 

more,  the  value  so  declared  on  entry,  then  in  addition  to  the  duties  ini-     Kxtra  duty  to  bo 

posed  by  law  on  the  same,  there  shall  be  levie<l,   collected,  and   paid,  a^'^V^  ''  '''^''  ^^' 

t    .        c  ,  J.  ill  I  •      1         I  n       praised    value  ex- 

duty  ot  twenty  per  centum  ad  valorem,  on  such  appraised  value:  -/ /"o- i.^miby  lOperc  nt. 
vided,  nej.'crthelcss„  That  under  no  circumstances  shall  the  duty  be  assessed  or  more,  the  value 
U2>on  an  amount  less  than  the  invoice  or  entered  value,  any  law  of  Con-  '^o'^lared  on  eutry. 
grcss  to  the  contrary  notwithstanding. 

Sec.  C.  And  be  it  further  enacted.  That  so  much  of  all  acts  or  parts  c\i  nepoalinjclaueo. 
acts  as  may  be  inconsistent  with  the  provisions  of  this  act,  shall   be  and 
the  same  are  hereby  repealed. 

Approved  May  21,  18G1. 


CnAP.     XLV. — -In    Act   to  define   with   morn    certainti/   the  meaninrj  of  an   net  mtithd      j\fay  21,  ISGl. 

''An  Act   to  fir   the  duties  on  articles   theccin  named,"   approved  March  the  fifteenth, 

citjhtecn  hundred  and  aijcty-one. 

The  Congress  of  the    Confederate  States  of  America  do  enact.  That     .Act  of   March 

the  above  recited  act  shall  be  so  coustrued  as  to  embrace  all  railroad  rails,  l'^,  ISCI.  ch.   64, 

spikes,  fishing  ]>lates  and  chairs,  uscrl   in   the  construction  of  railroads, '^^'°".  f''°   <*«t»ps 

1  •   1  •'ill  •     I        1     I  ,1       1    ,        /•  •,  ou  articles  thorem 

winch  were  imported  and  were  in  bond  at  the  date  of  its  jiassagc.  named,  construed. 

Sec.  2.  Be  it  further  enacted.  That  the  Secretary  of   the  Treasury  is     -wi  ,    . 

hereby  directed  to  refund  to  such  railroad  companies  as  have,  since  the  rate  of  duty  Uus 


136  PROVISIONAL  CONGRESS.     Sess.  I.     Cii.  45.     1861. 

been  paid  than  is  pa.ssage  of  said  act,  paid  on  any  of  the  above  enumerated  arti<;les  imported 
prcsoribcJ  by  said  as  aforesaid,  a  rjreater  rate  of  duty  than  is  prescribed   by   said  act,   the 
bf refua j!d  "^  '''amount  over  and  above  said  rale. 
Appkoved  Mav  21,  1801. 


May  ''1    ISCy.      Ciiap.  XLVT. — .'In   Art  to  mtahliiih  a  Patent   Office,  and  to  provide  for  the  granting 

[ L._      and  itmuc  o/ 2>ul<^uts  fur  itcio  aud  useful  dincovcrics,   wvaitionn,  imjirovementn.   and  de- 

eii/ns. 

Paten*  oCica  cs-  The  Congrcss  of  the  Confederate  States  of  America  do  enact,  That 
tobHshcd,  und:>t- there  sliall  be  established  and  attached  to  tlie  Department  of  Justice,  an 
partin-nt"  of  "^ Jus-  ^^^'^  ^^  ^^  denoniinnled  the  Patent  Office,  the  chief  officer  of  which  shall 
uee.  be  called  the  Comrai.^sioDer  of  Patents,  to  be  appointed  by  the  President, 

President  to  ap-  by  and  with  the  consent  of  tlie  Congress,  whose  duty  it  shall  be,  under  the 
or  of  patents^* Ills  ^"^^^'^"  *^*  ^^'*^  Attorney  General,  to  superintend,  execute  and  perform  all 
duties.      •    '         such  acts  and  things  touching  and  respecting  the  issue  of  patents  for  new 
and  useful  discoveries,  inventions  and  improvements,  as  are  herein  pro- 
vided for,  or  sliall  hereafter  be  by  law  directed  to  be  done  and  performed, 
and  shall  have  the  chai'ge  and  custody  of  all  the  books,  records,  papers, 
moJels,  machines,  and  other  things  belonging  to  said  office. 
CLief  clerk.  ^Ec  2.  Bc  it  further  enacted,  Tliat  there  shall  be  in  said  office  an  infe- 

rior officer,  to  be  appointed   by  said  commissioner,  with  the  approval  of 
the  Attorney   GSeneral,  to  be  called   the  cliief  clerh  of  tlie  patent  office, 
who  in  all  cases  during  tlie  absence  of  the  commissioner,  or  when  the 
said  principal  office  shall  become  vacant,  shall  have  the  charge  and  cus- 
tody of  the  seal  and  of  the  records,  books,  papers,  machines,  models,  and 
all  other  thing-s  belonging  to  the  said  office,  and  shall  perforin  the  duties 
Bzamincrs   o f  ^^  ^''^  *^^'^^'"'^^''^"*^'^"  ^^^'^"S  such  vacancy.     And  the  said  commissioner 
patoa'8  aad  other  ni ay  also,  with  like  approval,  appoint  such  examiners  of  patents,  and  other 
^^^^^^-  clerks  as  may  be  necessary.     And  said  commissioner,   and .  every  otEer 

CommiEsionor  person  appointed  and  employed  in  said  office,  shall  be  disqualified  or  in- 
!i?,!!I,..!i^fi'^'^<^'''^'^°  terdicted  from  acquirini'-  or  takinof,   except  by  inheritance,  durinrj  the 

drfqualihcd  from         ■     i    /■  ■        i  •   i    ^i         *i     n    i     i  i  ^t     •        ^       •  •      i 

taking  any  interest  P^i''oa  lor  which  tliey  shall  lioKl  thcu'  appointments  respectively,   any 

iapa'.euts.  right  or  interest,  directly  or  indirectly,  in  any  patent  for  an  invention  or 

discovery  which  has  been  or  ma}'  hereafter  be  granted.     And  said  com- 

Coxpenaation.  missioner,  and  all  others  employed  in  said  office,  shall  receive  a  compen- 
sation to  be  ascertained  and  fixed  by  law.  * 

Oath  of  oGcc.  ^EC.  3.  And  be  it  farther  enacted,  That  the  said  principal  officer,  and 

every  other  person  to  be  appointed  in  tlie  said  office,  shall,  before  he  enters 
upon  the  duties  of  his  office  or  appointment,  make  oath  or  affirmation 
truly  and  faithfully  to  execute  the  trust  committed  to  him.  And  tlie  said 
commissioner  and  chief  clerk  sliall  also,  before  entering  upon  their  duties, 

Eonds.  severally  give  bonds,  with  sureties,  to  the  treasurer  of  the  Confederate 

vStates,  the  former  in  the  sum  of  ten  thousand  dollars,  and  the  latter  in 
the  sum  of  five  thousand  dollars,  with  condition  to  render  a  true  and 
faithful  account  to  him  or  his  successor  in  office,  quarterly,  of  all  moneys 
which  shall  be  by  them  respectively  received  for  duties  on  patents,  and 
for  copies  of  records  and  drawings,  and  all  other  moneys  received  by  vir- 
tue of  said  office. 

Seal  of  ofTico.  Sec.  4.  And  be  it  further  cv.acied,  That  the  said  commissioners  shall 
cause  a  seal  to  be  made  and  provided  for  the  said  office,  with  such  device 

CopicBofrocords  as  the  President  of  the  Confederate  States  shall  approve;  and  copies  of 
an)'  records,  books,  papers  or  diavvings  belonging  to  the  said  office,  under 
the  signature  of  said  commissioner,  or  when  the  office  sliall  be  vacant, 
under  the  signature  of  the  chief  clerk,  with  the  said  seal  affixed,  shall  be 


PEOVISIONAL  CONGRESS.     Sess.  II.     Cn.  4Q.     1861.  137 

competent  eviclence  in  all  cases  in  which  the  oritrinal  records,  books, 
papers  or  drawings  could  be  evidence.  And  any  person  making  applica-  Fees. 
tion  therefor  may  l)ave  certified  copies  of  the  records,  drawings  and  other 
papers  deposited  in  the  said  office,  on  paying  for  the  written  copies  the 
sum  of  ten  cents  for  every  page  of  one  Imndred  words,  and  for  copies  of 
drawings,  the  reasonable  expenses  of  making  the  same. 

Sec.  5.  And  be  U  further  enacted,  That  all  patents  issuing  from  the  said  Form  of  patents, 
office  shall  be  issued  in  the  name  of  the  Confederate  States,  and  under 
seal  of  said  office,  and  be  signed  by  the  Attorney  General,  and  counter- 
signed by  the  commissioner  of  said  office,  and  shall  be  recorded,  together 
with  the  descriptions,  specifications  and  drawings,  in  the  said  office,  in 
books  to  be  kept  for  that  purpose.  Every  patent  shall  contain  a  short  de- 
scription or  title  of  the  invention  or  discover)-,  correctly  indicating  its 
nature  and  design,  and  in  its  terms  grant  to  the  applicant  or  applicants, 
his  or  their  heirs,  administrators,  executors  or  assigns,  for  a  term  not  Term, 
exceeding  fourteen  years,  the  full  and  exclusive  right  and  liberty  of  making, 
using  aud  vending  to  others  to  be  used,  the  said  invention  or  discovery, 
referring  to  the  specifications  for  the  particulars  thereof,  a  copy  of  which 
shall  be  annexed  to  the  patent,  specifying  what  the  patentee  claims  as  liis 
invention  or  discovery. 

Sec.  0.  And  be  it  further  enacted,  That  any  person  or  persons  having     Forwbatapaf- 
discovered  or  invented  any  new  and  useful  art,  macliinc,  manufacture,  or  cnt  may  be  grant- 
composition  of  matter,  or  any  ne.Av  and  useful  improvement  on  any  art,®  ' 
machine,  manufacture,  or  composition  of  matter,  not  known  or  used  by 
others  before  his  or  their  discovery  or  invention  thereof,  and  not  at  the 
time  of  his  application  for  a  patent  in  public  use  or  for  sale,  with  liis  con- 
sent or  allowance,  as  the  inventor  or  discoverer,  and  shall  desire  to  obtain 
an  exclusive  property  therein,  may  make  application  in  writing  to  the    Apj.licaiion. 
commissioner  of  patents,  expressing  such  desire;  and  the  commissioner, 
on  due  proceedings  had,  may  grant  a  patciit  therefor.     But  before  any  in- 
ventor shall  receive  a  patent  for  any  such  new  invention  or  discovery,  he 
shall  deliver  a  written  description  of  his  invention  or  discovery,  and  of  the     Written  descrtp- 

manner  and  process  of  making,  constructing,  using  and  compounding  the  t'on  of  invention, 

1    <.  ,1      I  1  i   i  ^      •  I-  'r    -t      and  of  tbe  manner 

same,  in  such  full,  clear  and  exact  terms,  avoidmg  unnecessary  prolixity,  ^j.  ,nj,king.  uain"-, 

as  to  enable  any  person  skilled  in  the  art  or  science  to  which  it  appertains,  ^c.,  the  same, 
or  with  which  it  is  most  nearly  connected,  to  make,  construct,  compound 
and  use  the  same  ;  and  in  case  of  any  machine  he  shall  fully  explain 
the  principle,  and  the  several  modes  in  which  he  has  contemplated  the  ap- 
plication of  that  j)rinciple  or  character  by  which  it  may  be  distinguished 
from  other  inventions ;  and  sliall  particularly  specify  and  point  out  the 
part,  improvement,  or  combination  which  lie  claims  as  his  own  invention 
or  discovery.  He  shall,  furthermore,  accompany  the  whole  with  a  draw-  Prming-s  and 
ing  or  drawings,  and  written  references,  where  the  nature  of  the  case  ad- written  reieronces ; 

mits  of  drawings;   or  with  specimens  of  ingredients,  and  of  the  compo- ^P®""^^°^    ^^j '", 

p  *'~.  .i  .„°,  '  <.  .'       gredients    and    of 

sition  or  matter,  sufficient  in   quantity  lor  the  purpose  ot    experiment,  ^jg  composition  of 

where  the  invention   or  discovery  is  of  a  composition  of  matter, ;  which  matter. 

descriptions  and  drawinofs  sio-ned  by  the  inventor,  and   attested  by  two ,   Signature;  at - 

1     11  1      ^1     1  •     xi       n   .      /    /Y-  1    1         1     11  r       testa  ion  and  filinp 

Witnesses,  shall  be  nled  m  the  I'atont  office  ;  and   he  sliall  moreover  im- of  descriptions  and 

nish  a  model  of  his  invention,  in  all  cases  wliich  admit  of  a  representation  drawings. 

by  model,  of  a  convenient  size  to  exhibit  advantageously  its  several  parts.  ,  Model  of  invoa- 

The  applicant  shall  make  oath  or  affirmation  that  he  does  verily  believe  "^q!j,Jj  ^^  affirma- 

that  he  is  the  original  and  first  inventor  or  discoverer  of  the  art,  machine,  tion  of  applicant. 

composition,  or  improvement,  for  which  he  solicits  a  jiatent  ;  and  that  he 

does  not  know  or  believe  ihat  the  same  was  ever  before  known  or  used  ;  and 

also  of  what  country  he  is  a  citizen  ;  which    oath   or  affirmation   may  be 

made  before  any  person  authorized  by  law  to  administer  oaths. 

Sec.  7.  And  be  it  further  enacted,  That  on  the  filing  of  any  such  appli- 


138  PROVISIONAL  CONGRESS.     Sess.  II.     Ch.  46.     1861. 

^  Exaraination  by  cation,  desciiption  and  specification,  and  the  payment  of  the  duty  hcrciu- 
jjmmissioncr .  0  r  ,^|-(^gi.  provided,  the  commissioner  shall  make,  or  cause  to  be  made,  an 
ottier  Duicer  01  tuc  •        •  j>    i         n         i  •  •  t  ^  ■  n  ^ 

alleged  new  inven- examination  ot  the  alleged  new  invention  or  discovery,  and  if,  on  any  such 

tion  or  discovery,   examination,  it  shall  not  appear  to  the  (Commissioner  that  the  same  had 
What  to  appear  ijggp  invested  or  discovered  by  any  other  person  in  this  country,  prior  to 

to  authorize  the  )5-    ,         ,,  ,  .  ^.  i-  i  <•  i        i  ^■  ">        •     i      i 

suing  of  a  patent.  ^''<^  alleged  invention  or  discovery  thereof  by  the  applicant,  or  that  it  had 
been  patented  or  described  in  any  printed  publication,  in  this  or  in  any 
foreign  country,  or  had  been  in  public  use  or  on  sale,  witli  the  applicant's 
consent  or  allowance,  prior  to  the  application,  if  tlie  commissioner  shall 
deem  it  to  be  suflicientlj'  useful  and  important,  it  shall  be  his  duty  to  issue 
a  patent  therefor.  But  whenever,  on  such  exaraination,  it  shall  appear  to 
the  commissioner  that  the  applicant  was  wot  the  original  and  first  inventor 
or  discoverer  thereof,  or  that  any  part  of  that  which  is  claimed  as  new  had 
before  been  invented  or  discovered,  or  patented  or  described  in  any  printed 
publication  in  this  or  any  foreign  country  as  aforesaid,  or  that  the  descrip- 
Commissioner  to  tion  is  defective  and   insufficient,  he  shall  notify  the  applicant  thereof, 

notify   the   appli- giving  him  briefly  such  information   and   references  as  may  be  useful  in 

cant  w  en  is  aP"  i^nio-ing  of  the  proi)riety  of  rcnewinof  his  application,  or  of  alterinof  his 
plication  IS  refused.  J      ■  .^.'^    .  '     ,'         •'      ,       ,  '^     c   i      •'  •  t  ^i  •   i 

specincation  to  embrace  only  that  part  of  the  invention  or  discovery  whicli 

If  applicant  per- is  new.  But  if  tlie  applicant  in  such  case  shall  persist  in  liis  claim  for  a 
sist  in  his  claim  for  pjiigj^t  with  or  without  any  alterations  of  liis  specifications,  he  sliall  be 
a  patent,  new  oath  '         .      ,  ,  ,  .  A^  ,•  •  .■  ■  ^  3  -v 

required.  required  to  make  oatli  or  affirmation  anew,  in  manner  as  aforesaid  ;  and  it 

the  specification  and  claim  shall  not  have  been  so  modified  as  in  the  opinion 
of  the  commissioner  shall  entitle  the  applicant  to  a  patent,  he  may,  on 
Appeal  to  Attor- appeal,  and    upon  request  in  writing,  have  the  decision  of  the  Attorney 
ney  General.  General,  who  shall   be  furnished  with  a  certificate  in  writing,  with  the 

opinion  and  decision  of  the  commissioner,  stating  the  particular  grounds 
Proceedings  on  q(  ijjg  objection,  and  the  part  or  parts  of  the  invention  which  he  considers 
as  not  entitled  to  be  patented,  and  the  Attorney  General  shall  give  reason- 
able notice  to  the  applicant,  as  well  as  to  the  commissioner,  of  the  time 
and  place  of  hearing  such  appeal,  that  they  may  have  an  opportunity  of 
furnishing  him  with  such  fjicts  and  evidence  as  they  may  deem  necessary 
to  a  just  decision  ;  and  it  shall  be  the  duty  of  the  commissioner  to  furnish 
to  the  Attorney  General  such  information  as  he  may  possess,  relative  to 
the  matter  under  consideration.  And  on  an  examination  and  consider- 
ation of  the  matter  by  the  Attoi'ney  General,  it  shall  be  in  his  power  to 
reverse  the  decision  of  the  commissioner,  either  in  whole  or  in  part;  and 
his  opinion  being  certified  to  the  commissioner,  he  shall  be  governed 
Proviso.  thereby  in  the  further  proceedings  to  be  had  on  such  application  :  Pro- 

vided, however,  That  before  an  appeal  sliall  be  had  in  any  such  case,  the 
applicant  shall  |)ay  to  the  credit  of  the  treasuiy,  as  provided  in  the  twenty- 
third  section  of  this  act,  the  sum  of  twenty-five  dollars. 
Applicaiions  for      Sec.  8.   And  be  it  further  enacted,  Tliat  whenever  an  application  shall 
patents  which  in-  j^^  j^^jije  foP  ^  patent,  which  in  the  opinion  of  the  commissioner  would 
terfere  with  other.  .  .  ,       ^         ,'  .         ,.■,  ^^       •  ^  ■,• 

pending    applica- interfere  With  any  other  parent  for  winch  an  application  may  be  pending, 

tions  or  unexpired  or  with  any  unexpired  patent  wnich  shall  have  been  granted,  it  shall  be 
patents.  _    _  ^j^g  ^l^^j    ^j-  ^]^g  commissioner  to  ffive  notice  thereof  to  such  applicants  or 

Commisioner  to  •'  ,  ,  •^,  .»     .  ,  1     n  1       t       i-  />    1      -ii     ii 

give  notice  thereof,  patentees,  as  the  case  may  be;  and  it  either  shall  be  dissatisried  with  the 

decision  of  the  commissioner  on  the  question  of  priority  of  right  or  inven- 

Appeal  from  his  tion,  on  a  hearing  thereof,  ho  may  appeal  from  such  decision  on  the  like 

decision,  terms  and  conditions  as  are  provided  in  the  preceding  section  of  this  act, 

and  the  like  proceedings  shall  be  had  to  determine   which  or  whether 

Taking  out  let- either  of  the  applicants  is  entitled  to  receive  a  patent  as  prayed  for.     But 

torspateutinafor- ^^(^t^ljjpnf  jj^  ^|jig  .^^^  contained  shall  be  construed  to  deprive  an  original  and 

cign  countrv  nott)  .  .  "       ,  „  ,,  •    1  ,   ,  ,       ,     c        1  •      •  '         A        i  "^         c  1  • 

deprive  inventor  of  ^'■'^^' '"^''^" tor  of  the  right  to  a  patent  for  his  invention  by  reason  ot  Ins 
his  right  under  this  having  previously  taken  out  letters  patent  therefor  in  a  foreign  country, 
^'^^-  and  the  same  having  been  published  at  any  time  within  six  months  next 


PROVISIONAL  CONGRESS.     Sess.  II.     Cn.  46.     18G1.  189 

preceding  the  filing  of  his  specifications  and  drawings.     And  wheneve.t 
the  applicant  shall  request  it,  the  patent  shall  take  date  from  the  time  of    Date  of  patent 
filing  of   the  specifications  and  drawings;  not,   however,   exceeding  six 
months  prior  to  tlie  actual   issuing  of  the  patent;  and  on   like  request, 
and  the  payment  of  the  dutyherein  required,  by  any  applicant,  his  speci- 
fications and  drawings  shall   be  filed  in   the  secret  archives  of  the  olflce,     Filing  of  epeci- 
until  he  shall  furnish  the  model   and   the  patent  be  issued,  not  exceeding  fieations,    Ac.,   in 
the  term  of  two  years — the  applicant  being  entitled  to  notice  of  inter-  ^j  ^]^^  office. ' 
fering  application. 

Sec.  9.  And  be  it  further  enacted,  That  where  any  person  hath  made     Patents  may  is- 
or  shall  have  made  any  new  invention,  discovery  or  improvement,  on  ac- ^"_^  '^   executors, 
count  of  which  a  patent  might  by  virtue  of  this  act  be  granted,  and  such 
person  shall  die  before  any  patent  shall  be  granted  therefor,  the  right  of 
applying  for  and  obtaining  such  patent  shall  devolve  on  the  executor  or 
administrator  of  such  person,  in  trust  for  the  heirs-at-law  of  the  deceased, 
in  case  he  shall  have  died  intestate,  but  if  otherwise,  then  iu  trust  fgi^ 
his  devisees,  in  as  full  and  ample  manner,  and  under  the  same  condi- 
tions, limitations  and  restrictions  as  the  same  was  held  or   might  have 
been  claimed  or  enjoyed  by  such  person  in  his  or  her  lifetime  ;  and  when 
application  for  a  patent  shall  be  made  by  sucli  legal  representatives,  the 
oath  or  afiirniation  provided  in  the  sixth  section  of  this  act  shall  be  so     Oath, 
varied  as  to  be  applicable  to  them. 

Sec.  10.  And  be  it  further  enacted,  That  every  patent  shall  l)c  assign-     Assignment    of 
able  in  law,  cither  as  to  the  whole  interest,  or  any  undivided  part  thereof,  patoiit^- 
by  any  instrument  iu  writing:  which  assignment,  and  also  every  grant 
and  conveyance  of  the  exclusive  right,  under  any  patent,  to  make  and 
use,  and  to  grant  to  others  to  make  and  use,  the  thing  patented  within 
and  throughout  any  specified  part  or  portion  of  the  Confederate  States, 
shall  be  recorded  iu   the  patent  office   within  three  months  from  the     To  be  recorded, 
execution  thereof. 

Sec.  ll.  A7id  be  it  further  enacted,  That  any  person   who  shall  have    Inventor  mnyClo 
invented  any  new  art,  machine,  or  improvement  thereof,  and  shall  desire  caveat, 
further  time  to  mature  the  same,  may,  on  paying  to  the  credit  of  the     Fees, 
treasury,  in  manner  as  provided  iu  the  twenty-third  section  of  this  act, 
the  sum  of  ten  dollars,  file  in  the  patent  office  a  caveat  setting  forth  the 
design  and  purpose  thereof,  and  its  principal  and  distinguishing  charac- 
teristics, and  praying  protection  of  his  right  till  he  shall  have  matured 
his  invention.     And  such  caveat  shall  be  filled  in  the  confidential  archives     To  bo  kept  ao- 
of  the  office,   and  preserved   iu  secresy.     And  if  application   shall  be  crct. 
made  by  any  other  person,  within  one  year  from  the  time  of  filing  of 
such   caveat,  for  a  patent  of  any  invention   with   which  it  may  in  any 
respect  interfere,  it  shall  be  the  duty  of  the  commissioner  to  deposit  the     Notieo  to   be 
description,  specifications,  drawings  and  model  in  the  confidential  ar- given  of  irterferiug 
chives  of  the  office,  and  to  give  notice  (by  mail)  to  the  person  filing  the  "Prl'^ation. 
caveat,  of  such  application,  who  shall,  within  three  months  after  receiving 
the  notice,  if  he  would   avail  himself  of  the  benefit  of  his  caveat,  file 
his  description,  specifications,  drawings  and  model ;  and  if,  in  the  opinion     Decision, 
of   the   conunissioncr,  the   specifications  of   claim   interfere  with  each 
other,  like  proceedings  may  he  had  in  all  respects  as  are  in  this  act  pro- 
vided in  the  case  of  interfering  applications:   Provided,  however,  That 
no  opinion  or  decision  of  the  commissioner  or  examiners,  under  the  pro-     I^^n^edy  at  law 
visions  of  this  act,  shall  preclude  any  person   interested   in  favor  of  or  ^"^^^"'^ 
against  the  validity  of  any  patent  which  has  been  or  may  hereafter  be 
granted,  from  the  right  to  contest  the  same  in  any  judicial  court,  in  any 
action  in  which  its  validity  may  come  in  question. 

Sf.c.  12.  And  be  it  further  enacted,  That  whenever  any  patent  which    Defective palentu 
has  heretofore  been  granted,  or  which  shall  hereafter  be  granted,  shall 


140  PROVISIONAL  CONGRESS.     Sess.  II.     Ch.  46.     1861. 

may  be  surrender-  be  inoperative  or  invalid,  by  I'cason  of  a   defective  or  insufficient  de- 
ed and  rc-issiicd.    scription  or  .s]K;cification,  or  by  reason  of  the  patentee  claiminjr  in  his 
specification  as  his  own  invention  more  than  he  had  or  shall  have  a  right 
to  claim  as  new,  if  the  error  has  or  shall  have  arisen  by  inadvertency, 
accident  or  mistake,  and  without  any  frandulent  or  deceptive  intention, 
it  shall  be  lawful  for  the  commissioner,  upon  the  surrender  to  him  of 
such  patent,  and  the  payment  of  the  further  duties  of  twenty  dollars,  to 
cause  a  new  patent  to  be  issued  to  its  head  inventor,  for  the  same  inven- 
tion, for  the  residue  of  the  period  then  unexpired  for  which  the  original 
patent  was  granted,  in  accordance  with  the  patentee's  corrected  descrip- 
Effect  there  f.     tion  and  specification.     And  in  case  of  his  death,  or  any  assignment  by 
him  made  of  the  original  patent,  a  similar  right  shall  vest  in  his  execu- 
tors, administrators  or  assigns.     And  the  patent  so  re-issued,  together 
with  the  corrected  description  and   specifications,  shall  have  the  same 
eiFect  and  operation   in   law,  on  the  trial  of  all  actions  hereafter  com- 
menced for  causes  subsequently  accruing,  as  though  the  same  had  been 
originally  filed  in  such  corrected  form  before  the  issuing  of  the  original 
Patents  for  new  patent.     And  in  all  cases  where  any  ucav  improvement  of  the  original 
improvements    of  invention  or  discovery  may  have  been  invented  or   discovered  by  the 
tiun  or^discovcrj'.   oi'is"i'ial  patentee  subsequent  to  the  date  of  his  patent,  for  which  a  patent 
is  desired  by  him,  an  independent  patent  for  such  improvement  or  dis- 
Annexing to ori- covery  may  be  applied  for;  and  no  annexing  to  such  original  patent  of 
ginal  patents,  de- ^j^g  description  and  specification  of  such  additional  improvement  or  im- 
sicnptions.   Ac.,   of  /      i     n  i         n  i 

.such improvements  Pavements  shall  be  allowed. 

dLsallowcd.  Sec.  13.  And  he  it  farther  ennctecV,  That  the  defendant  in  any  such 

Defendant   may  action  shall  be  permitted  to  plead  the  general  issue,  and  to  give  this  act 
plead  the  general  and  any  Special  matter  in  evidence  of  which  notice  in  writing  may  have 
issue,  and  Rive  no- jj^g^  given  to  the  plaintift"  or  his  attorney,  thirty  days  before  trial,  tend- 
ter.      ^'^^'-^'■'^  ^"'^    iug  to  prove  that  the  description  and  specification  filed  by  the  plaintiff 
does  not  contain  the  whole  truth  relative  to  his  invention  or  discovery, 
or  that  it  contains  more  than  is  necessary  to  produce  the  described  efiect ; 
v/hich  concealment  or  addition  shall  fully  appear  to  have  been  made  for 
the  purpose  of  deceiving  the  public,  or  that  the  patentee  was  not  the 
first  and   original  inventor  or  discoverer  of  the  thing  patented,  or  of  a 
substantial  and  material  part  thereof,  claimed  as  new,  or  that  it  has  been 
described  in  some  public  work  anterior  to  the  supposed  discovery  thereof 
by  the  patentee,  or  had  been  in  public  use  or  on  sale  with  the  consent 
and  allowance  of  the  patentee  before  his  application  for  a  patent,  or  that 
he  had   surreptitiously  or  unjustly  obtained  the  patent  for  that  which 
was  in  fact  invented  or  discovered  by  another,  who  was  using  ressonable 
diligence  in  adapting  and  perfecting  the  same  ;  or  that  the  patentee,  if 
an  alien  at  the  time  the  patent  was  grauted,  had  failed  and   neglected, 
for  the  space  of  eigliteen  motiths   from  the  date  of  the  patent,  to  put 
and  continue  on  sale  to  the  public,  on  reasonable  terms,  the  invention  or 
What    special  discovery  for  which  the  patent  was  issued  ;  and  whenever  the  defendant 
matters  the  defend- j.g| J gg  j,-,  |^j^  defence  ou  the  fact  of  a  previous  invention,  knowledge  or 
notice,^  when"  h'e ''i'''^^  ^f  ^^^^  thing  patented,  he  shall  state  in  his  notice  of  special  matters 
relies  on  a  previous  the  names  and  places  of  residence  of  those  whom  he  intends  to  prove  to 
luveution,  &e.        have  possessed  a  prior  knowledge  of  the  thing,  and  where  the  same  had 
Judgment.  been  used ;  in  either  of  which  cases  judgment  shall  be  rendered  for  the 

defendant  with  costs  :  Provided,  however,  That  whenever  it  shall  satis- 
factorily appear  that  the  patentee,  at  the  time  of  making  his  application 
for  the  patent,  believed  himself  to  be  the  first  inventor  or  discoverer  of 
When  prior  u?c  the  thing  patented,  the  same  shall  not  be  held  to  be  void  on  account  of 
abroadnotto  avoid  the  invention  or  discovery,  or  any  part  thereof,  having  been  before  known 
or  used  in  any  foreign  country — it  not  appearing  that  the  same  or  any 
substantial  part  thereof  had  "before  been   patented  or  described  in  any 


PROVISIONAL  CONGRESS.     Sess.  II.    Ch.  46,  1861.  141 

printed  publication  :  And  provided  also,  That  whenever  the  plaintiff  Costs, 
ehall  fail  to  sustain  his  action  on  the  ground  that  in  his  specification  or 
claim  is  embraced  more  than  that  of  which  he  was  the  first  inventor,  if 
it  shall  appear  that  the  defendant  had  used  or  violated  any  part  of  the 
invention  justly  and  truly  specified  and  claimed  as  new,  it  shall  be  in 
the  power  of  the  court  to  adjudge  and  award,  as  to  costs,  as  may  appear 
to  be  just  and  equitable. 

Sec.  l-t.  And  be  if  further  enacted,  That  whenever  there  shall  be  two  RcmeJy  incquiiy 
interfering  patents,  or  whenever  a  patent  or  application  shall  have  been  where  there  are  in- 
refused  on  an  adverse  decision  of  the  Attorney  General, -on  the  ground  0",^^^°^^  a'patent 
that  that  patent  applied  for  would  interfere  with  an  unexpired  patent  pre-  has  been  rtfuFcd 
viouslv  ci'anted,  auv  person  interested  in  any  such  patent  either  bv  assie;n-  °^  ''"^  ground  that 

i.       ^    ^1  •         •      ii  J  1  r         i  ■      i  1         iU       it   would    intorfero 

ment  or  otherwise,  in  the  one  case,  and  any  such  apphcant  in  the  other  _;,,,  „„  „„,^,,- , , 
case,  may  have  remedy  in  equity;  and  the  court  having  cognizance  patent, 
thereof,  on  notice  to  adverse  parties,  and  other  due  proceedings  had, 
may  adjudge  and  declare  cither  the  patents  void  in  the  whole  or  in  part, 
or  inoperative  and  invalid  in  any  particular  part  or  portion  of  the  Con- 
federate f^tates,  according  to  the  interest  which  the  parties  to  STich  suit 
may  possess  in  the  patent  or  the  invention  patented ;  and  may  also  ad- 
judge that  such  applicant  is  entitled,  according  to  the  principles  and 
provisions  of  this  act,  to  have  and  receive  a  patent  for  his  invention,  as 
specified  in  his  claim,  or  for  any  part  thereof,  as  the  fact  of  priority  or 
right  or  invention  shall,  in  any  such  case,  be  made  to  appear.  Ami  such 
adjudication,  if  it  be  in  favor  of  the  right  of  such  applicant,  shall 
authorize  the  commissioner  to  issue  such  patent,  on  his  tiling  a  copy  of 
the  adjudication  and  otherwise  complying  with  the  lequisitions  of  this 
act :  Provided,  hotccver.  That  no  such  judgment  or  adjudication  shall  Provifo. 
affect  the  rights  of  any  person,  e.'ccopt  the  parties  to  the  action  and  those 
deriving  title  from  and  under  them  subsequent  to  the  rendition  of  such 
judgment. 

Sec.  15.  And  he  if  further  enacted,  That  all  actions,  suits,  controver-  au  actions,  <te., 
sics  and  cases  arising  under  any  law  of  the  Confederate  States,  granting  under  the    patenu 

or  confirming  to  inventors  the  exclusive  riiiht  to  their  inventions  or  dis- 1;'^'^''' P'^*^'."'/'"^^'"' 
,    9,    ,  •    •      II  -11         '^        11  •  •.  .1  t,     '"c  J^istrict  Courts 

coveries,  sliall   be  originally  cognizable,  as  well  m  equity  as  at  law,  by  <jf  the  C.  S. 

the  district   courts  of  the  Confederate  States,  which  courts  shall  have     lower   of    tho 
power  in  an}'-  such  case  to  grant  injunctions  according  to  the  course  and  court  to  grant  in- 
principlcs  of  courts  of  equity,  to  prevent  the  violation  of  the  rights  of  J"°'^*^^'^^" 
any  inventor  as  secured  to  him  by  any  law  of  the  Confederate  States, 
on  such  terms  and  conditions  as  said  courts  may  deem  reasonable  :  Pro-     Proviso,  as   to 
vided,  however,  That  from  all  judgments  and  decrees  from   any  such  writs  of  eiror  or 
court  rendered  in  the  premises,  a  writ  of  error  or  appeal,  as  the  case  *^'^'^"' ' 
may  require,  shall  lie  to  the  Supreme  Court  of  the  Confederate  States, 
in  the  same  manner  and   under  the  same  circumstances  as  is  now  pro- 
vided by  law  in  other  judgments  and  decrees  of  district  courts,  and  in 
all  other  cases  in  which  the  court  shall  deem  it  reasonable  to  allow  the 
same. 

Skc.  10.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  the  Classification  and 
commissioner  to  cause  to  be  classified  and  arranged  in  such  rooms  or  arrangement  in 

galleries  as  may  be  provided  for  that  purpose,  in  suitable   cases,  when  *""'''"^,''^/"'^J|f"'^*' 

p      ii     •  ^-  1-1  1     11  1  1      <^f  modols,  <tc. 

necessary  tor  tneir  preservation,  and  in  such  manner  as  shall  be  condu- 
cive to  a  beneficial  and  favorable  display  thereof,  the  models  and  speci- 
mens of  compositions  and  fabrics,  and  other  manufactures  and  works  of 
art,  patented  or  unpatented,  which  have  been  or  shall  hereafter  be  de- 
posited in  said  oflUce.  And  said  rooms  or  galleries  shall  be  kept  open  To  bo  kept  opm 
during  suitable  hours  for  public  inspection.  [P""  P"'^''*=  mspec- 

Sec.  17.  And  be  if  further  enacted.  That  whenever  a  patent  shall  be  p^^^  ^^^  gereral 
returned  for  correction  and  re-issue,  under  this  act,  and  the  patentee 


142  TROVISIONAL  CONGRESS.     Sess.  11.     Ch.  46.     1861. 

distinct  pateut3  on  shall  desire  several  patents  to  be  issued   for  distinct  and  separate  parts 
surrouder.  of  the  thing  patented,  he  shall  first  pay,  in  manner  and   in  addition  to 

the  sum  provided  by  this  act,  the  sum  of  twenty  dollars  for  each  addi- 
tional patent  so  to  be  issued  ;  nor  shall  any  new  patent  be  issued  for  an 
improvement  made  in  any  machine,  manufacture  or  process,  to  the  origi- 
nal  inventor,   assignee  or   possessor  of  a  patent  therefor,  nor  any  dis- 
claimer be  admitted  to  record,  until  a  duplicate  model  or  drawing  of  the 
same  shall  have  been  deposited  in  the  patent  office,  if  the  commissioner 
vriien  duplicitc shall  require  the  same;  uor  shall  any  patent  be  granted  for  an  invention, 
modols  or  drawings  J, i^pyQygii^(,jj^;  Qj.  discovery,  the  model  or  drawing  of  which  shall  have 
***         °'  been  lost,  until   another  model  or  drawing,  if  required  by  the  commis- 

sioner, shall  in  like  manner  be  deposited  in  the  patent  office.     And  in 
Question  of  coai- ^11  sucli  cases  the  question  of  compensation  for  such  models  and  draw- 
ponsatiou  for.         ings  shall  be  subject  to  the  judgment  and  decision  of  the  commissioner, 
under  the  same  limitations  and  restrictions  as  are  herein  prescribed. 
Patents  may  is-      ^KC  18.   And  br  it  farthrr  enacted,  That  any  patent,  hereafter  to  be 
aue  to  the  assignees  issued,  may  be  made  and  issued  to  the  assignee  or  assignees  of  the  in- 
of  tiic  inventors  or  YgQ|.^,j.  yj.  (Jigcovercr,   the   assignment   thereof   being  first   entered    of 
record,  and  the  application  therefor  being  duly  made,  and  the  spccifica- 
Applicant    for^^*'"  duly  sworu  to  by  the  inventor.     And  in  all  cases  hereafter  the  ap- 
patent  to   furnish  plicant  for  a  patent  shall  be  held  to  furnish  duplicate  drawings,  whenever 
duphcutu   draw-tije  (j^se  admits  of  di-awings,  one  of  which  to  be  deposited  in  the  office, 
'°^^'  and  the  other  to  be  annexed  to  the  patent  and   considered  a  part  of  the 

specification. 
P.itontce    may      Sec.  19.   And  hr.  it  further  enacted,  That  whenever  any  patentee  shall 
disciliiim  where  hisj,avc,  through  inadvei'tence,  accident  or  mistake,  made  his  specification 
broad '^"'''°"  ^^  *"°  of  claim  too  broad,  claiming  more  than  that  of  which  he  was  the  origi- 
nal or  first  inventor,   some   material   and   substantial   part  of  the   thing 
patented  being  truly  and  justly  his  own,  any  such   patentee,  his  admin- 
istrators, executors  and   assigns,  whether  of  a  whole  or  of  a  sectional 
VLnvi  made.         interest  therein,  may  make  disclaimer  of  such  parts  of  the  thing  patented 
as  the  disclaimant  shall   not  claim  to  hold  by  virtue  of  the  patent  or 
assignment,  stating  therein  the  extent  of  his  interest  in  such   patent, 
which  disclaimer  shall  be  in  writing,  attested  by  one  or  more  witnesses, 
and  recorded  in  the  patent  office,  on  payment  by  the  person  disclaiming,  in 
manner  as  other  patent   duties  are  required  by  law  to  be  paid,  of  the 
Effect  thereof,     suni  of  ten  dollars.     And  such  disclaimer  shall  thereafter  be  taken  and 
considered  as  part  of  the  original  specification,  to  the  extent  of  the  in- 
terest which  shall  be  ^^ossessed  in  the  patent  or  right  secured  thereby  by 
the  disclaimant,  and  by  those  claiming  by  or  under  him,  subsequent  to 
the  record  thereof.     l)ut  no  such  disclaimer  shall  affect  any  action  pend- 
ing at  the   time  of  its  being  filed,  except  so  far  as  may  relate  to  the 
question  of  unreasonable  neglect  or  delay  in  filing  the  same. 
Application    for      Skc.  20.  And  hcit  farther  enacted,     That  whenever  application  shall 
improvements  and  be  made  to  the   commissioner  for  a  patent  for  a  newly  discovered  im- 
VcWo'^^  *".^° '^''''^' provemcnt  to  be  made  to  an  existing  patent,  or  wherever  a  patent  shall 
•irigiaal     appiica-  be  returned  for  correction  and  re-issue,  the  specification  of  claim  annexed 
tiou.  to  every  such  patent  shall  be  subject  to  revision  and  restriction,  in  the 

same  manner  as  are  original  applications  for  patents  ;  the  commissioner 
shall  not  add  any  such  improvement  to  the  patent  in  the  one  case,  nor 
grant  the  re-issue  in  the  other  ease,  until  the  applicant  shall  have 
Disclaimor.  entered  a  disclaimer  or  altered  his  specification  of  claim,  in  accordance 
v/ith  the  decision  of  the  commissioner;  and  in  all  such  cases  the  appli- 
Appcal.  cant,  if  dissatisfied  with  such  decision,  shall  have  the  same  remedy  and 

be  entitled  to  the  benefit  of  the  same  privileges  and   proceedings  as  arc^ 
provided  by  law  in  the  case  of  original  applications  for  patents. 
Patent  lo  bogcod      Sec.  21.  And  he  it  further  enacted,  That  whenever,  by  mietsike,  acci- 


PROVISIONAL  CONGRESS.     Sess.  II.     Ch.  46.     1861.  U3 

dent  or  inadvertence,  and  without  any  wilful  default  or  intent  to  de-f«>r  so  ™«ch  aa  u 
fraud  or  mislead  the  public,  any  patentee  shall  have  in  his  specification,  """'Sina  • 
claimed  to  be  the  original  and  first  inventor  or  discoverer  of  any  mate- 
rial or  substantial  part  of  the  thing  patented,  of  which  he  was  not  the 
original  and  first  inventor,  and  shall  have  no  legal  or  just  right  to  claim 
the  same,  in  every  such  case  the  patent  shall  be  deemed  good  and  valid, 
for  so  much  of  the  invention  or  discovery  as  shall  be  truly  and  honajide, 
his  own:  Frovichd,  It  shall  be   a  .material  and   substantial  part  of  the 
thing  patented,  and  be  definitely  distinguishable  from  the  other  parts  so 
claimed,  without  right  as  aforesaid.     And   every  such  patentee,  his  ex-     Aclions  for  ia- 
ecutors,  administrators  and  assigns,  whether  of  a  whole  or  of  a  sectional '^^'"S*^'"'''^*^- 
interest  therein,  shall  be  entitled  to  maintain  a  suit  at  law  or  in  erjuity 
on  such  patent  for  any  such  infringement  of  such  part  of  the  invention 
or  discovery  as  shall  be  hona  fide  his  own  as  ai'oresaid,  notwithstanding 
the  specification  may  embrace  more  than  he  shall  have  any  legal  right 
to  claim.     But  in  every  such  case  in  which  a  judgment  or  verdict  shall     No  costs  nnlcsa 
be  rendered  for  the  plaintiff,  he  shall   not  be   entitled   to  recover   costs '^'^''^''''"'''"  ^''*''^- 
against  the  defendant,  unless  he  shall  have  entered  at  the  patent  oflice 
prior  to  the  commencement  of  the  suit,  a  disclaimer  of  all  that  part  of  the 
thing  patented  which  was  so  claimed  without  right:    Provided^  hown-rr, 
That  no  person  bringing  any  such  suit  shall   be   entitled  to  the  benefits     Delay  in   filmg 
of  the  provisions  contained  in  this  section,  who  shall  have  unreasonably '^^'='*^^'^^"*'""»  to  bar. 
neglected  or  delayed  to  enter  at  the  patent  oflice  a  disclaimer  as  afore- 
said. 

Sec.  22.  And  he  it  further  enacted,  That  in  all  cases  in  which  an    When  affirmation 
oath  is  required  by  this  act,  if  the  person  of  whom  it  is  required  shall  ""^^H  *'^^f°  ^°" 
be  conscientiously  scrupulous  of  taking  an  oath,  affirmation  may  be  sub- 
stituted thei'cfor. 

Sec.  23.  And  be  it  further  enacted,  That  all   moneys   paid   into   the     Patent  fund  ap- 
treasury  of  the  Confederate  States  for  patents,  and   for  fees  for  copies  P''"P"''|.'^'^*;^'"'^"y' 
furnished   by  the   commissioner  shall  be  carried   to  the  credit  of  the  ofVhcmtent'offip^. 
patent  fund  created  by  this  act ;  and  the  moneys  constituting  said  fund 
shall  be  and  the  same  are  hereby  appropriated  for  the  payment  of  the 
salaries  of  the  officers  and  clerks  provided  by  this  act,  and  all  other  ex- 
penses of  the  patent  office,  including  all  the  expenditures,  provided  lor 
by  this  act ;  and  also  for  such  other  purposes  as  are  or  may  be  hereafter 
specially  provided  for  by  law.    And  the  commissioner  is  hereby  authorized 
to  draw  upon   such   fund,  from   time  to  time,  for  such  sums  as  shall  be 
necessary  to  carry  into  effect  the  provisions  of  this  act,  governed,  how- 
ever, by  the  several  limitations  herein   contained.     And  it  shall  be  his     Commissioner  to 
duty  to  lay  before  Congress,  in  the  month  of  January,  annually,  a  lisf'-'^'^^aD^^al^Port 
of  all  patents  which  shall  have  been  granted  during  the  preceding  year,  "^    ongress. 
designating  under  proper  heads  the   subjects  of  such   patents,  and   fur- 
nishing an  alphabetical  list  of  the  patentees,   with  their  places  of  resi- 
dence ;  and  he  shall  also  furnish  a  list  of  all  patents  which  shall  have  be- 
come public  property  during  the  same  period,  together  with  such  other 
information  of  the   state   of  the   patent  office  as  may  be  useful  to  Con- 
gress or  to  the  public. 

Sec.  24.  And  be  it  further  enacted,  That  the  coniniissioncr  be  author-  Temporary  clerks, 
ised  to  employ  temporary  clerks  to  do  any  necessary  ti-anscribing,  when- 
ever the  current  business  of  the  office   requires  it:  Provided,  hoiocvcr,     Compensation. 
That  instead  of  salary  a  compensation   shall  be  allowed,  at  a  rate  not 
greater  than  is  charged  for  copies  now  furnished  by  the  office. 

Sec.  2b.  And  he  it  further  enacted.  That  the  commissioner  is  hereby     L'st  of  patents 
authorized   to  publish  a  classified  and  alphabetical  list  of  all  patents*"  ^°  P"^^'^'^"^*^- 
granted  by  the  patent  office  previous  to  said  publication,  and  retain  one 
hundred  copies  for  the  patent  office  and  five  hundred   copies  to  be  dc- 


144  PROVISIONAL  CONGRESS.     Sess.  II.     Ch.  46.     1861. 

posited  in  the  library  of  Congress,  for  sucli  distribution  as  may  hereafter 

be  directed  j  and  that  one  thousand  dollars,  if  necessary,  be  appropriated 

out  of  the  patent  fund,  to  defray  the  expenses  of  the  same. 

Appropriation  for      Sec.  2G.  And  he  it  further  enacted,  That  the  sum  of  five  hundred 

the  library  of  the  j^ji^j-g  |jg  appropriated  from  the  patent  fund,  to  be  expended  under  the 

patent  otnce.  t        .•  x-  It,  •     •  ^       ^i  i  ,•  i       i        r. 

direction  oi  the  commissioner,  tor  the  purchase  oi  necessary  books  for 
the  library  of  the  patent  office. 
Applications  by      Sec.  27.  And  be  it  farther  enacted,  That  all  applications  by  aliens  to 
ah.-ns  for  patents.  o]-,j-o5,^  patents  for  inventions  -which  have  already  been  patented  in  foreign 
countries,  shall  be  made  within  six  months  from  the  date  of  such  foreign 
letters  patent.     Nor  shall  letters  patent  be  granted  to  any  alien  whose 
government  is  at  war  with  the  Confederate  States. 
Inventors    may      Sec.  28.  And  he  it  further  enacted,  That  every  person  or  corporation 
dispose  of  right  to  who  has,  or  shall  have  purchased  or  constructed  any  newly  invented 
pn^or^t^'Tpplfca-  ^^chine,  manufacture  or  composition  of  matter,  prior  to  the  application 
tioD,  by  the  inventor  or  discoverer  for  a  patent,  shall  be  held  to  possess  the 

right  to  use  and  vend  to  others  to  be  used,  the  specific  machine,  manu- 
facture or  composition  of  matter  so  made  or  purchased,  without  liability 
therefor  to  the  inventor,  or  any  other  person  interested  in  such  inven- 
tion; and  no  patent  shall  be  held  to  be  invalid  by  reason  of  such  pur- 
chase, sale  or  use,  prior  to  the  application  for  a  patent  as  aforesaid,  ex- 
(hirinsr  period  of  cept  on  proof  of  abandonment  of  such  invention  to  the  public,  or  that 
two  years.  such  purchase,  sale  or  prior  use  has  been  for  more  than  two  years  prior  to 

such  application  for  a  patent. 
Remedy  in  caso      Sec.  29.  And  he  it  further  enacted,  That  the  provisions  of  the  four- 
<;f  interference  ex-  tecuth  sectiou  of  this  act  shall  extend  to  all  cases  whei-e  patents  are  refused 
where  patents^are  ^°^  ^^^  reason  whatever,  either  by  the  commissioner  of  patents  or  by  the 
refused.  Attorney  General,  upon  appeals  from  the  decision  of  said  commissioner, 

as  well  as  where  the  same  shall  have  been  refused  on  account  of,  or  by 
reason  of,  interference  with  a  previously  existing  patent;  and  in  all 
cases  where  there  is  no  opposing  party,  a  copy  of  the  bill  shall  be  served 
upon   the  ccmmissldner  of  patents,  when   the  whole  of  the   expenses  of 
the  proceeding  shall  be  paid  by  the  applicant,  whether  the  final  decision 
shall  be  in  his  favor  or  otherwise. 
Fees  paid  by  mis-      Sec.  30.  And  he  it  further  enacted,  That  the  Treasurer  of  the  Con- 
ou't"  ']?"''-T'^'^''°p^''^  federate  States  be  and  he  hereby  is  authorized  to  pay  back,  out  of  the 
fund!       ^  ^^  *^"  patent  fund,  any  sum  or  sums  of  money  to  any  person  who  shall  have 
paid  the  same   into  the  treasury,  or  to  any  receiver  or  depositary  to  the 
credit  of  the  treasurer,  as  for  fees  accruing  at  the  patent  office  through 
mistake,  and  which  are  not  provided  to  be  paid  by  existing  laws,  certifi- 
cate thereof  being  made  to  the  said  treasurer  by  the  commissioner  ol 
patents. 
How  oath  to  be      Sec.  31.  And  he  it  further  enacted,  That  the  oath  required  for  appli- 
a  dm  jniste  red  cants  for  patents  may  be  taken,  when  the  applicant  is  not  for  the  time 
being  residing  in  the  Confederate  States,  before  any  minister  plenipo- 
tentiary, charge  d'affaires,  consul,  or  commercial  agent  holding  commis- 
sion under  the  government  of  the  Confederate  States,  or  before  any 
notary  public  of  the  foreign  country  in  which  such  applicant  may  be  : 
Provided,  Such  foreign  state  shall  have  recognized  the  independence  of 
the  Confederate  States,  and  shall  be  at  the  time  in  amity  with  them. 
To  whtm   pay-      Sec.  32.  And  he  it  further  enacted.  That   all   patentees  wishing  to 
lo'^be'made^^'^"'^  make  payments  for  patents  to  be  issuetl,  may  pay  all  such  moneys  to  the 
treasurer  of  the  Confederate  States,  or  to  the  treasurer  of  either  of  the 
mints  within  the  Confederate  States,  or  to  such  other  depositary  as  shall 
be  designated  by  the  Secretary  of  the  Treasury  or  commissioner  of  patents, 
in  other  parts  of  the  Confederate  States,  to  receive  such  payments  and 
give  receipts  or  certificates  of  deposit  therefor.  J 


PROVISIONAL  CONGRESS.     Sess.  II.     Ch.  46.     1861.  145 

Sec.  33.  And  be  it  further  enacted,   That  from  all  judgments  and  de-     Writ  of  error  or 
crees  of  any  district  court  rendered  in  any  action,  suit,  controversy,  or  appeal  to  iho  fcu- 
case  at  law  (jr  in  equity,  arising  under  any  law  oi  the  Lonleuerate  Mates 
granting  or  coiifiiniing  to  inventors  and  discoverers  the  exclusive  right 
to  their  inventions  or  discovcries,a  writ  of  error  or  appeal,  as  the  case 
may  require,  shall  lie,  at  the  instance  of  cither  party,  to  the  supreme 
court  of  the  Confederate  States,  in  the  same  niaiiner  and  under  the  same 
circumstances  as  is  now  provided  by  law  in  other  judgments  and  decrees 
of  such  district  courts,  without  regard  to  the  sum  or  value  in  contro- 
versy in  the  action.  Conimissioner  to 
Sec.  34.  Ami  be  {f  further  enact,  d,  That  the  commissioner  of  patents  prescribe  mice  for 
may  establish  rules  for  taking  affidavits  and  depositions  required  in  cases  ^'^'^""^'  "^^ 'd*'"'^^- 
pending  in  the  patent  office,  and  such  affidavits  and  depositions  may  be     D<f>re  whom  to 
taken  before  any  justice  of  the  peace  or  other  officer  authorized  by  law  '^'=  talitn. 
to  take  depositions  to  be  used  in  the  courts  of  the  Confederate  States, 
or  in  the  State  courts  of  any  State  where  such  officer  shall  reside;  and 
in  any  contested  case  pending  in  the  patent  office  it  shall  be  lawful  for 
any  clerk  of  any  court  of  the   Conl'ederate   States   for  any   district  or, 
territory,  and  he  is  hereby  required,  upon  the  application  of  any  party     Rubpoenas    for 
to  such  contested   case,  or  the  agent  or  attorney  of  such  party,  to  issue  witnes:=es. 
Bubpoonasyfor  any  witnesses  residing  or  being  within  the  said  district  or 
territory,  commanding  such  witnesses  to  appear  and   testify  before  any 
justice  of  the   peace,  or  other  officer  as  aforesaid   residing  within    the 
said   district  or  territory,  at  any  time  and    place  in  the   subpoena  to  be 
stated  ;  and  if  any  witness,  after  being  duly  served  with  such  subpoena,     Failure  of  wit- 
shall  refuse  or  nedect  to  appear,  or  after  appearing  shall  refuse  to  testily,  «"**  ♦;'  «'tP"^;  <>' 
(not  being  privileged  from  giving  testimony,)   such   rehisal   or   neglect 
being  proved  to  the  satisfaction  of  any  judge  of  the  court  whose  clerk 
shall  have  issued  such  subpccna,  said  judge  may  thereupon  proceed   to 
enforce  obedience  to  the  process,  or  to  punish   the  disobedience  in  like 
manner  as  any  court  of  the  Confederate  States  may  do  in  case  of  disobe- 
dience to  process  of  suhpnena  ad  trsfijiraiidum  issued  by  such  court  ;  and     Compensation., 
witnesses  in  such  cases  shall   be  allowed   the  same   cimipensation  as  is 
allowed   to  witnesses  attending  the  courts  of  the   Confederate   States:     When  not  ro- 
Proridrd,  Tiiat  no  witness  shall  be  rec|uired  to  attend  at  any  place  more  qnired  to  attend, 
than  forty  miles  from  the  place  where  the  subpoena  shall  be  served  upon     when  not  drem- 
him,  to  give  a  deposition  under  this  law  :   Provided,  also,  That  no  wit-crl  guilty  of  coa- 
ness  shall   be   deemed   guilty  of  contempt  for  refusing   to  disclose   any'"^'"!'^- 
secret  invention  made  or  owned  by  him  :   And prooided,  farther,  That  no 
witness  shall  be  deemed  guilt3i|j)f  contempt  for  disobeying  any  subpopua 
directed  to  him  by  virtue  of  this  act,  unless  his  fees  for  going  to,  return- 
ing from,  and   one   day's  attendance  at  the  place  of  examination  shall 
be  paid  or  tendered  to'him  at  the  time  of  the  service  of  the  subpoena. 

Sec.  35.  And  he  it  further  enacted, 'i:hAt  no  appeal  shall  be  allowed     Appenlfrom  do- 
1     i.1        » ii  /I  1  <•  \       1      •  •  X'  ii  •  ^    .■.^   ;„  cision    of  the  cx- 

to  the  Attorney  txeneral  from  the  decisions  of  the  examiners,  «-^t'ept  in  ^^^^j^^^^.^^ 

interference   cases,  until   after  the   application   shall   have   been   twice 

rejected  ;  and  the  second  examination  of  the  application  by  the  primary     Second    rxams- 

examiner  shall  not  be  had  until  the  applicant,  in  view  of  the  references  nation. 

given  ou  the  first  rejection,  shall  have  renewed  the  oath  of  invention  as 

provided  for  in  this  act. 

Sec.  30.   And  he  it  further  enacted.  That  the  salary  of  the  conimis-     Salnrics  of  com- 
i^ioner  of  pateilts,  from' and  after  the  passage  of  this  act,  shall  be  throe  "^>-7'^""='"-.    «'«'"'^« 
thousand  dollars  per  annum ;  that  of  the  chief  clerk   eighteen  hundred 
dollars  per  annum  ;  that  of  each  examiner  of  pjitents  two  thousand  dol- 
lars per  annum;  and  that  of  each  regularly  employed   record  or  other 
clerk,  one  thousand  dollars  per  annum. 

Sec.  37.  And  ha  it  further  enacted.  That  the  commissioner  of  patents 

10 


146  PROVISIONAL  CONGRESS.     Sess.  II.     Cn.  46.     1861. 

When  modelaia  authorized  to  restore  to  the  respective  applicants,  or  when  not  removed 
maj  be  rcsiortd.     |,^.  tjjci,^  ^j  otherwise  dispose   of  such  of  the  models  belonging  to  re- 
jected applications  as  he  shall  not  think  necessary  to  be  preserved.     The 
same  authority  is  also  given   in    relation   to  all  models   accomjianying 
When  ditspoQHed  applications  for  designs  and  inventions.     lie  is  further  authorized   to 
witii-  dispense  with  models  of  designs,  when  the  design  and  inventi^m  can  be 

,  sufficiently  represented  by  a  drawing. 
Printing  of  pa-      Sicc.   38.    And  be   it  further  eaacttd,  That  the   commissioner  may 
P*'*'  require  all  papers  filed  in  the. patent  office,  if  not  correctly,  legibly  and 

clearly  written,  to  be  printed  at  the  cost  of  the  parties  filing  such  papers; 
Misconduct    of  and  for  gross  misconduct  he  may  refuse  to  recognize  any  person  as  a 
pateiit  agent.  patent  agent,  either  generally  or  in  any  particular  case  ;  but  the  reasons 

of  the  commissioner  for  such  refusal  shall  be  duly  recorded,  and  subject 
to  the  approval  of  the  President  of  the  (!onlederate  States. 
Pee?  paid  on  »p-      Sec.  o'J    And  be  it  further  enovird,  'J  hat  no  money  paid  as  a  fee  on 
plication  f o  ■   pat-  .,ny  application  for  a  patent  after  the  jiassage  of  this  act  shall  le  with- 
funded.  drawn  or  refunded,  nor  shall  the  ice  paid  on  filing  a  caveat  be  coi!sidere<l 

Feep  id  on  filing  as  part  of  the  suui  required  to  be  paid  on  filing  a  subsecjuent  application 
^caveat,  how  lou- for  a  patent  for  the  same  invention.  That  the  three  muntlis'  notice 
Fr.-iii  what  day  S'^*^'^  ^■"  '"^".y  Caveator,  in  pursuance  of  the  refpiirements  of  the  eleventh 
the  notice nquii-ei  Hection  of  this  act,  shall  be  computed  from  the  day  on  which  such  notice 
by  the  ilhs-icJon  is  deposited  in  the  post-office  at  the  .seat  of  government  of  this  ('onfede- 
compuaH.  racy,  Avith  the  regular  time  for  transmission  of  the  same  added  thereto, 

which  time  shall  be  endorsed  on  the  notice. 
Rates  of  foos.  Sec.  40.   And  be  it  farther  enacted.  That  the  following  shall  be   the 

rates  of  fees  in  all  cases,  respectively  : 
On  filing  a  caveat,  ten  dollars. 

On  filing  each  original  application  for  a  patent,  except  for  a  design, 
twenty  dollars. 

On  issuing  each  original  patent,  twenty  dollars. 
On  every  appeal  to  the  Attorney  General,  twenty-five  dollars. 
On  every  application  for  the  re-issue  of  a  patent,  thirty  dollars. 
On  filing  each  disclaimer,  ten  dollars. 

For  recording  patents,  as  provided  for  in  section  forty-nine,  ten  cents 
'  for  every  hundred  words.        x 

For  certified  copies  of  patents  and  other  papers,  ten  cents  per  hundred 
words. 

For  recording   every  assignment,  agreement,  power  of  attorney,  and 
other  papers,  of  three  hundred  words  or  under,  one  dollar. 
•'  For  recording  every  assignment  and  o^her  paper,  over  three  hundred 

words,  and  under  one  thousand  words,  two  dollars. 

For  recording  every  assignment  or  other  writing,  if  over  one  thousand 
words,  three  dollars. 

For  copies  j:)f  drawings,  the  reasonable  cost  of  making  the  same. 

Patents  may  he      Skc.  41.   And  be  it  further  enacted,  1  hat  any  person  or  persons  who, 

fasui^d  (or  on^miil  i^y  j^jg^  jj^^  ^^j.  fi^f.,;,.  ^wn  industry,  genius,  efl'orta  and  expense,  may  have 

"    '  invented  or  produced   any  new  and   original   design  for  a  manufacture, 

whether  of  metal  or  other  material  or  materials,  an  original  design  for  a 

,  bust,  statue,  or  bas-relief,  or  composition  in  basso  or  alto  relievo,  or  any 

new  or  original  impression  or  ornament,  or  to  be  j)laced  on  any  article  of 

manufacture,  the  same  being  formed  in  marble  or  other  material,  or  any 

new  and  useful  pattern,  or  print,  or  picture,  to  be  eithei"*\vorked  into  or 

worked  on,  or  printed,  or  painted,  or  cast,  or  otherwise  fi.x;ed   upon  any 

article  of  manufacture,  or  any  new  and  original  shape  or  configuration 

of  any  article  of  manufacture  not  known  or  used  by  others  before  his, 

,     1  her  or  their  invention   or  production  thereof,  and  prior  to  the  time  of 

his,  her  or  their  application  for  a  patent  therefor,  and  who  shall  desire 


PROVISIONAL  CONGRESS.     Scss.  II.     Ch.  46.     1801.  147 

to  obtain  an  exclusive  property  or  right  therein,  to  make,  use,  sell  and 
vend  the  same,  or  copies  of  the  same,  to  others,  by  them  to  be  made, 
used  and  sold,  may  m;ike  application  in  writing  to  the  commissioner  of 
patents  expressing  such  desire  ;  and  the  commissioner,  on  due  proceed- 
ings had,  may  grant  a  patent  therefor,  as  in  the  case  now  of  application 
for  a  patent,  for  the  term  of  three  and  one-half  years,  or  for  the  term  of  Term  of  patent 
seven  years,  or  for  the  term  of  iburteen  years,  as  the  said  applicant  may 
elect  in  his  application  :  Provided^  That  the  fee  to  be  paid  in  such  Foes. 
application  shall  be  for  the  term  of  three  yeara  and  six  months,  ten 
dollars ;  for  seven  years,  fifteen  dollars  ;  and  for  fourteen  years,  twenty 
dollars. 

Sec.  42.  And  he  it  further  enacted,  That  all  applications  for  patents     Avben    appTfoa- 
shall  be  completed  and  prepared  for  examination  within  two  j-ears  after  ti"ns  tobecompie- 
the  filing  of  the  petition,  and  in  default  thereof  they  shall  be  regarded  '^'^yhon   re  ardedl 
as  abandoned  by  the  parties  thereto,  unless  it  be  shown  to  the  satisfac-  as  abandonei. 
tion  of  the  commissioner  of  patents  that  such  delay  was  unavoidable  ; 
and  all   applications  now  pending  shall   be   treated  as  if  filed  after  the 
passage  of  this  act. 

Sec.  4:5.   And  hr.  it  further  cvarfrd,  That  '\n  all  cases  where  an  article     How    patented 
is  made  or  vended  by  any  person  under  the  protection  of  letters  patent,  articestobotuark- 
it  shall  be  the  duty  of  such  person  to  give  sufficient  notice  to  the  public  ° 
that  said  article  is  so  patented,  either  by  fixing  thereon  the  word  patented, 
together  with  the  day  and  year  the  pitent  was  granteJ,  or  when,  from 
the  character  of  the  article  patented,  that  may  be  impracticable,  by  en- 
veloping one  or  more  of  the   said   articles   and   affixing  a  label  to  the 
package,  or  otherwise   attaching  thereto  a  label,  on  which   the  notice, 
with  the   date,  is  printed  ;  on  failure  of  which,  in  any  suit  for  the  in-     On  failure  to 
■fringeraent  of  letters  patent  by  the  party  failing  so  to  murk  the  article 'na«'i^tli'-ran"<J-'in- 
the  rigiit  to  which  is  infringed  upon,  no  damage  shall  be  recovered  by  ^,'^|',,^j.,.j'jj"j^''j^®J^^^^ 
the  plaintiff,  except  on  proof  that  the  defendant  was  duly  notified  of  the  letiors  pmeut,  ex- 
infringenient,  and  continued,   after  such   notice,  to  make  or  vend   the  c^'l't>  etc. 
article  patented. 

Sec.  4-1.  And  he  it  further  enacted,  That  the  connnissioner  of  patents     Commissioner  <o 

be  and  he  is  hereby  authorized  to  print,  or  in  his  discretion  to  cause  to  ^'^i^*^,  pnntcd    do- 
1  •  1  •  r.     1       1  •      •  1      1    •  ^      M        ^      J.        1  •    1    s  c  r  1  p  1 1  o  n  3  and 

be  printed,  ten  copies  or  the  description  and  claims  or  all  patents  winch  ci,,imi,  „f  patonts, 
may  hereafter  be  granted,  and  ten  copies  of  the  drawings  of  the  same,  and    dr. wings    of 
when   drawings  shall  accompany   the   patent :  Providi'd,    The   cost   of '''^ -^a'^^. 
printing  the  text  of  said  description  and  claims  shall  not  exceed,  exclu- 
sive of  stationery,  the  sum  of  two  cents  per  hundred  words  for  each  of 
said  copies,  and  the  cost  of  the  drawing  shall  not  exceed  fifty  cents  per 
copy;  one  copy  of  the  above  number  shall  be  printed  on  parchment,  to 
be  affixed  to  the  letters  patent.     The  work  shall  be  under  the  direction 
and  subject  to  the  approval  of  the  commissioner  of  patents,  and  the 
expense  of  the  said  copies  shall  be  paid  for  out  of  the  jiatcnt  fund. 

Sec.  45.  And  be  it  further  enacted.,  That  printed  copies  of  the  letters     Copies  of  lotfera 
patent  of  the  Confederate   States,  with   the  seal  of   the  patent  office  P^|^ent  to  bo  ovi- 
affixed  thereto,  and  certified  and  signed  by  the  rommissioner  of  patents, 
shall  be  legal  evidence  of  the  contents  of  said  letters  patent  in  all  cases. 

Sec.  4(5.   And  be  it  further  enacted,  That  no  discrimination   shall  be     Discrimination 
made  between  the  inhabitants  of  the  Confederate  States,  and  those  "^ I'p.l]]^^*',^"  j'|,''''^'at^n'J 
other  countries  which  shall  not  discriminate  against  the  inhabitants  of  office  lies. 
the  Confederate  States  in  regard  to  patent  office  fees;  and   should  any 
country  discriminate  against  the  Confederate  States,  the  same  fees  shall 
be  charged  against  the  inhabitants  of  said  country  as  are  charged  by  it 
against  the  inhabitants  of  the  Confederate  States. 

Src.  47.   And  be  if  further  enarted,  That  at   the   expiration  of  three     Further  fees  to 
years  from  the  date  of  any  patent  hereafter  to  be  issued,,  there  shall  be 


!4b  PROVISIONAL  CONGRESS.    Sess.  II.    Ch.  4G.  1861. 

be  paid  by  paten-  paid  to  the  commissioner,  by  the  patentee  or  assignee  of  such  patent,  a 

*%■(•     4     -J      .  ttJe  of  ten  dollars,  and  the  same  amount  at  the  expiration  of  seven  years  ; 

If  not  paid,  pat-  .  i    o  •  i  ^  i     H  i       i  i     i        i         , 

ent  docmed  aban-  'i»d  II  such  loes  are  not  SO  paid,  such  patent  shall  be  deemed  abandoned, 

doned.  and  shall  be  null  and  void. 

Patent  fund  ap-      Sec.  48.  And  be  it  furtlier  cnncied.  That  all  moneys  received   by  the 
propriau'd  lorpav-  commissioner  under  this  act  shall  be  by  him  paid  into  the  treasury,  and 
of  the  patent  offi'co. ''^''^^  constitute  u  fund   for  the   payment  of  the  salaries  of  ofiicers  and 
clerks  herein   provided  for,  and   all  other  expenses  of  the  patent  office, 
and  to  be  called  a  patent  fund. 
Patents     issued      Sec.  49.  And  be  it  further  enacted,  That  all  patents  heretofore  granted 
U^ue^in  force  *^"°^"*^  issued  by  the  United  States  to  any  person  or  persons  now  a  citizen 
or  citizens  of  either  of  the  States  of  this  Confederacy,  or  of  the   States 
of  Tennessee,  Arkansas,  and  North  Carolina,  or  now  held  by  assignment 
by  a"ny  such  citizen  or  citizens,  shall  continue  in  force  for  the  term  for 
which  they  were  is^sued  yet  unexpired,  and  if  assigned  in  part  only  to 
any  citizen  of  this  Conlederacy,  or  of  the  States  aforesaid,  shall  continue 
Pro?i&«.  i'l  force  for  such  part :   Provided,  Said  assignment  was  hona  fide  made 

prior  to  the  fourth  day  of  February,  one   thousand  eight  hundred  and 
l'\»rther  proviso,  sixty-one  :  Provided,  further,  Nothing  contained  in  this  act  s^hall  he  con- 
strued to  recognize  any  renewal  or  extension  of  a  patent  by  the  United 
Farther  proviso.  States,  hcrctol'ore  made  :  Provided  further.  That  patents  or  the  deed  of 
assignment  therefor  provided  for  in  this  section,  shall  be  recorded  in  the 
patent  office  of  the  Coniedoratc  States,  and  there  also  shall  be  deposited 
in  said  office  such  models  or  descriptive  drawings  as  may  be  necessary  to 
identiiy  and  explain  the  subject  matter  of  said  patents;  and  all  persons 
claiming  the  benefit  of  this  section  shall  pay  to  the  commissioner  of 
patents  the  sum  of  twenty  dollars  i'or  the  use  of  the  patent  I'und  ;  unless 
such  patents  urc  so  filed   for  record,  with  such   drawings  or  models  aa 
aforesaid,  within  nine  months  from  the  date  of  publication  of  this  act, 
they  shall  be  considered  as  abandoned,  and  shall  be  null  and  A'oid.    And 
it  shall  be  the  duty  of  the  commissioner  to  endorse  on  each  patent  so 
filed  for  record   the  date  of  such  filing,  and  also  a  certificate  under  the 
seal  of  his  office  that  said  patent  has  been  recorded,  which  certificate 
shall  be  evidence  of  the   fact   in   any  court  of  justice,  whether  of  the 
State  or  of  the  Confederacy,  and  of  the  rights  of  the  ciwner   thereof  to 
use  said  patent ;  and  such   patents  shall,  after  they  arc  recorded,  be  re- 
turned to  the  ov/ner  thereof. 
Where  slave  is      Skc.  50.  And  he.  it  fnrther  enacted,  That   in   else  the  original  inven- 
inventor,  Ac.  ins  ^^^  ^j,  discoverer  of  the  art,  machine  or  improvement  for  which  a  patent 
mast' r  may  obtain  .,....,  '  n         ^       i  i  i       i 

pator.t  for  his  in-  IS  solicited  IS  a  slave,  the  master  oi  such   slave   may  take   an  oath  that 
ventJLn.  the  said  slave  was  the  original  inventor;  and  on  complying  with  the  re- 

quisites of  the  law,  shall  receive  a  patent  for  said  discovery  or  invention, 
and  have  all  the  rights  to  which  a  patentee  is  entitled  by  law. 
Effect  of  putents      Sec.  51.  Ami  he.  it  f-urthcr  enacted.  That  all  patent's  issued  by  the 
issued  hy  li    S  to        gj.jjj^g^ij.  ^f  ^j^^.  United  States,  in  favor  of  citizens  or  subjects  of  for- 
citizens  ct  Itirt'l«^n  ",  .  .  .  ^ 

countries.  •^•g'^  Countries,  prior  to  the  eighth  day  of  February  last,  shall  have  the 

same  force  and  efi'cct  in  these  Confederate  States  as  if  issued   under  the 
Proviso.  authority  of  these  States  :  Provided,  That   this  section  shall  not  take 

efiect  in  favor  of  any  alien  enemy,  holder  or  assignee  of  any  such  patent 
as  aforesaid. 
Commencement      Sec.  52.  Aiid  he  it  further  enacted^  That  this  act  shall  take  effi^ct  and 
**'■  be  in  force  from  and  after  its  passage. 

Approved  May  21,  18G1. 


PROVISIONAL  CONGRESS.  Sess.  II.   Cii.  47,  48,  49.    1861.  I4S 

Chap.   XLVII. — .In   Act  to    establinh  the  judicial  rourt»  of  the    Confederate   States  of      jj^y  £1    1861. 
America,  in  the  State  of  Virginia.  ! ! ' 


Tlie    ConrjrcRS  of  the    Confederate    Sfafrs  of  Amr^rica  do  enact,  Thai     Two  judicial  dis- 
the  State  of  Virginia  shall  constitute  two  judicial  districts,  the  territo- triits    established 
rial  boundaries  of  which  shall  be  the  same  as  those  existing  by  force  of  i°  Virginia, 
the  laws  of  the  United  States,  when  the  said  State  of  Virginia  seceded 
from  the  United  States,  and  shall  be  known  and  designated  as  the  east- 
ern and  western  judicial  districts  of  the  Confedcrat<i  States  of  Amevica, 
in  Virginia. 

Sj:c.  2.  Be  it  further  enacted,  That  a  judge  and  marshal  and  attorney     Judge,   marshal 
shall  be  appointed  by  the  ]^-csident  of  the  Confederate  States  for  each  and    a'ttorney    for 

of  said  districts  ;  and  that  tlie  jurisdiction  exercised  by  the  said  district  '^"^'.^  '?'*'."f.''"        , 
,.,.',.,  /.     1     ,1    1         1  •        Vi  ,  Jurisdiction     of 

courts  ana  the  judges  thoreot  shall   be  the  same  in  all  respects  as  that  the  court, 
exercised  by  the  other  district  courts  of  the  Confederate  States  and  the 
judges  of  such  courts,  respectively  ;  and  that  the  said   courts  shall  in 
all  respects  be  subject  to  the  provisions  of  the  act  entitled   "  An  act  to 
establish  the  judicial  cmzrts  of  the  Confederate  States  of  America." 
Approved  May  21,  ISGT 


Chap.  XLVIII. — An  Act  to  prescribe  the  mode  of  puhlishinj  the  laua  and  treaties  of  the      May  21,  1861. 

Confederate  Slatts,  ' 


The   Conrjrcxs  of  the   Confederate   States  of  America  do  enact,  That     PnWication    of 
it  shall  be  the  duty  of  the  Attorney  General  to  select  from  the  laws  and  t'le  l:iws  and  roso- 
resolutions  passed   at  each   session,  such  as  may  be  of  a  public   nature  '"'*°°^ 
and  which   in   his  judgment  require  immediate  publication,  and  cause 
the  same  to  be  inserted   weekly,  for  one  month,  in  one  public  gazette 
published  at  the  seat  of  government  in  each  State,  and  also  in  two  ga- 
zettes published  at  the  capital  of  the  Confederate  States. 

Sec.  2.  All  treaties  entered  into  by  the  Confederate  States  shall  be  Of  (reaties. 
published  in  the  same  manner;  but  the  President  may,  in  his  discretion, 
order  the  publication  of  particular  treaties  in  other  gazettes  published 
at  other  places. 

Sec.  3.  The  compensation  for  publication  of  the  laws  in  the  gazettes     Compensation, 
shall  not  exceed  one  dollar  and  a  half  per  page,  estimated  according  to 
Little  &  Brown's  edition  of  the  laws  of  the  United  States. 

Approved  May  21,  1861. 


Chap.  XLIX. — An  Act  to  prescribe  the  salary  of  the  pricate  aecrctarif  of  the  President      jr       ni    Ifigl 
^  of  the  Confederate  States.  ^       ' 


The  Congress  of  the  Confederate  States  [o/*  America']  do  enact,  That     gai^ry  of  Presi" 
from  and  after  the  passage  of  this  act,  the  salary  of  the  private  sccre-  dout's  private  sec- 
tary of  the  President  of  the  Confederate  States  shall  bo  at  the  rate  of  ■"'^'^''J'- 
fifteen  hundred  dollars  per  annum. 

Sec.  2.  All  laws  and  parts  of  laws  militating  against  this  act,  be  and    Repealing  clause, 
the  same  are  hereby  repealed. 

Approved  May  21,  1861. 


150  mOYISIONAL  CONGRESS.     Sess.  II.    Cii.  50,  51.    1861. 

May  91,  IPBl.       Chap.  L. —  An  Ac  to  amend  nn  net  mh'thd  "An  act  recofjnizimj  tkr  exiitence  ■/  icar  he- 

"~- ttcecn  thr.  United  State    and   t>-e    Von/edernte  States,  and  ci)iircr)iiiig  letters  of  marque, 

prizes  and  prize  goods,  approved  JJaj/  stjcth,  one  thousand  eiijht  huu  red  and  sixty-one." 

Act  of  Cth  May.       The  Co}i(/ress  of  thr.  Confederate.  States  [of  America']  do  enact,  Tliat 

IFCI.  cli.  3,  g  10,  the  tenth  section  of  the  above  entitled  act  be  so  amended  that,  in  addl- 

'""j;^''',,;  cni)=crfi  ^'"^^  ^^  *'^^  bounty   therein  mentioned,  tlie  uovernment  of  the  Confede- 

of  privnt*   Hn.ied  rate  States  will  pay  to  the   cruiser  or  cruisers  of  any  private  armed 

veMsisfor  Finking  vessel  comnn'ssioned  under  said  act,  twenty  per  centum  on  the  value  of 

vi'stcis' of  the  elc- *^'^^'^  '"^'"^  every  vessel  of  war  beloniring  to  the  enemy,  that  may  be  sunk 

my.  or  destroyed   by  such   private  armed   vessel  or  vessels,  the  value  of  the 

armament  to  be  included  in  ihc  estimate.     The  valuation  to  be  made  by 

a  board  of  naval  officers  appointed,  and  their  award  to  be  approved  by 

the  President,  and   the   amount  found  to  be  due  to  be  payable  in  eight 

per  cent,  bonds  of  the  Confederate  States. 

Righ'fl  and  pri-      Sec.  2.  That  if  any  person  who  may  have  invented  or  may  hereafter 

Tileges  coDierred  j^YPj^^.  a„y  „e^y  ki lid  of  armed  vessel,  or  floatin<r  battery,  or  del'ence, 

©n    inventor    of    ,,,    ,        •'.  ,  '  .     i    ,    '^       •     i  i  ^  • 

armed  ve-osels.  ^"''1'  deposit  a  plan  01  the  same,  accompanied  by  suitable  explanations 
Coating  batttrit.¥or  specifications,  in  the  navy  department,  together  with  an  affidavit  set- 
ordo.cncc?.  tJug  f^jj-j]^   ^hat  he  is  the  inventor   thereof,  such  deposit  and   affidavit 

(unless  the  facts  set  forth  therein  shall  be  disproved)  shall  entitle  such 
inventor  or  his  assigns  to  the  sole  and  exclusive  enjoyment  of  the  rights 
and  privileges  conferred  by  this  act,  reserving,  however,  to  the  govern- 
ment, in  all  cases,  the  right  of  using  such  invention. 
Approved  May  21,  1861. 


May  21,  18C1.      Chap.  LI. — An  Act   to  provide  for  the  pmj  of  additional  officers,  nnn-comipfssioved  offi- 

■        C'vs   wusieians  n7id privates  of  the  marine  corps,  to  constitute  a  regiment,  and.  for  the 

addi  ionnl   clothiny   a7id  subsistence  of  the  v  n-cowmissioned   officers,   musicians   and 
privates,  for  the  year  ending  February  the  eighteenth,  eighteen   hni.drid  and  sixty-tKO. 

Appropriation       The  Congress  of  the   C oiifcderate    States  of  America  do  enact,  That 
for  add  ti  nal  o®"  the  sum  of  ninety-five  thousand  two  hundred  and  forty  dollars  be  and 
inarine  corp'i.         ^^^^  same  is  hereby  appropriated  out  of  any  money  in  the  treasury  not 
otherwise  appropriated,  for  the  pay  of  additional  officers,  musicians  and 
privates  of  the  marine  corps,  and  subsistence  for  same   for  and   du- 
ring the  year  ending  February  the  eighteenth,  eighteen   hundred  and 
sixty-two,  said  sum  to  be  appropriated  as  follows  :  one  colonel,  (for  nine 
months,)   two  thousand   dollars;  lieutenant  colonel,  (for  nine  months,) 
eighteen   hundred   dollars ;    quartermaster,   (additional,)   five   hundred 
dollars  ;  paymaster,  (additional,)  five  hundred  dollars ;  adjutant,  (addi- 
tional,) five  hundred  dollars ;  four  captains,  five  thousand  two  hundred 
dollars;  four  first  lieutenants,  three  thou.sand  six  hundred  dollars;  four- 
teen second   lieutenants,   ten  thousand  and  eighty  dollars;  additional 
non-commissioned  officers  and  musicians,  four  thousand   eight   hundred 
dollars;  two  hundred  and  forty  additional  privates  at  eleven  dollars  per 
month,  twenty-three  thousand  seven   hundred  and  sixty  dollars ;  addi- 
Clothing.eubsis- tional   clothing  for  non-commissioned   officers,  musicians  and   privates, 
lono<5,  &c.  fifteen  thousand  dollars  ;  additional  rations  for  non-commissioned  officers, 

musicians  and  privates,  sixty-six  thousand  rations  at  sixteen  thousand 
five  hundred  dollars  ;  additional  expenses  of  recruiting,  transportation 
of  officers  and  men,  five  thousand  dollars  ;  pay  of  armories  and  purchase 
of  small  arms,  ordnance  stores,  accoutrements,  flags,  etc.,  four  thousand 
dollars ;  contingencies,  including  freight,  cartage,  etc.,  two  thou.sand 
dollars. 

Approved  May  21,  18G1. 


PROVISIONAL  CONGRESS.  Sess.  II.  Cn.  52,  53,  54.    1861.  151 

Chap.  LII. — An  Act  to  incrcai^e  the  clerical  force  of  the  Trea$unj  Department,  in  the  bu-       May  21,  1S61.' 
rcau  <if  sec  it<l  auditor.  

Thr    Conr/resa  of  the    Confcdfrate  Staffs   of  America  do  enact.  That     Clerks  in  the  of- 
thc  clerical  force  in  the  office  of  second  auditor  of  the  treasury  depart-^?*-'  *'' J'jf  ~^  *"' 
ment.  shall   consist  as  follows  :  one  chief  clerk,  at  a  salary  of  fourteen  y^y  dcpartmenL 
hundred  dollars  per  annum;  five  clerks  at  salaries,  each,  of  twelve  hun-     Salarks. 
dred  dollars  per  annum  ;  and  five  dorks  with  salaries,  each,  of  one  thou- 
fiand  dollars  per  annum  :  Provided.  That  the  Secretary  of  the  Treasury     MR-rbcfiistriba- 
.shall  have  the  same  power  to  distribute  said  clerks  anxonij  the  other  ted  siuvng  tbaoth- 
hureaus  of  the  Treasury  department,  if  in  his  judgment  the  public  inter- ''"  ''"'«■='"-'  "'  th* 
est  requires,  as  is  given  to  him  by  the  act  "  to  create  the  clerical  force  ^'^^''  ' 

of   the   several    executive   departments    of   the   Confederate   States  of 
America,"  approved  March  seventh,  eighteen  hundred  and  sixty-one. 

Approved  May  21,  18G1. 


ClI.VP.  LITL — An  Act  to  authorize  certain   d-htorn  to  p-^y  the  nmowit*  due  by  them  into      May  21,  1861. 

the  treasury  uf  the  Cunftdeiute  States.  — ■ '■■' 

Tlie  Coiirjrrsf!  of  the    Covfederate    States   of  America  do  enact.  That     rcrsoTis  indebted 
all  persons  in  any  manner  indebted  to  individuals  or  corporations  in  the  ♦«"''''^'','"'^''^' **"•♦ 
United   States  of  America,  (except  the  States  of  Delaware,   Maryland,  ijj  itcd.  during  th« 
Kentucky  and   Missouri,  and  the  District  of   Columbia,)  be  and  are  war,  from  paying, 
hereby  prohibited  from  paying  the  same  to  their  respective  creditors,  or 
their  agents  or  assignees,  pending  the  existing  war  waged  by  that  gov- 
ernment against  the  Confederate  States,  or  any  one  of  the  slaveholding 
States  before  named. 

Sec.  2.  Any   person   indebted   as  aforesaid   sliall   be  and   is  hereby     To    psiy    the 
authorized  to  pay  the  amount  of  his  indebtedness  into  the  treasury  of  »"»"""<  i",'"   '*'• 
the  Confederate  States,  in  specie  or  treasury  notes,  and  shall  receive  from  ^'"'"'^"''y  **      ® 
the  treasurer  a  certificate,  countersigned  by  the  register,  showing  the     Xreasnrcr's  o«r 
amount  paid  and  on  what  account,  and  the   rate  of  interest  which  the  tificatc. 
same  was  bearing. 

Sec.  8.  Such  certificate  shall  bear  like  interest  with  the  original  con-     Certificate  ts 

tract,  and  shall  bo  redeemable  at  the  close  of  the  war  and  the  restora-     i^,'",,'""^""'''',  „„ 
..  .  .  .  .      ,  .  p     ,  .    .      ,      Wlicn     rcaeem- 

tion  ot  peace,  in  specie  or  its  ccjuivalcnt,  on  presentation  oi  the  original  nbk,  and  in  what. 

certificate. 

Sec.  4.  All  laws  and  parts  of  laws  militating  against  this  act  be  and   Repealing  clause, 
the  same  arc  hereby  repealed. 

Approved  May  21,  1801. 


CnAI".  LIV. — An  Act  to  trnnnfer  the  tegfimovt/  taken  h;/  coniminsinn  in  certain  euiti  therein      ji|.,y  21    ISftl 

named,  br-niyht  in  the  circuit  and  dist.ict  cnurts  of  the  United  States  of  America  to  the  '  1_ 

iState  courts  of  the   Confederate   State*,  and  to  authorixe  the  same   to  be  read  in  said 
State  Courts. 

Jlie  ConrjrcAx  of  the    Confederate   States  of  America  do  enact,  That     Evidence  taken 

in  all  cases  where  suits  have  been   instituted  in  the  circuit  or  district !"  ^""^  V'stitutcd 
/.     1       T7    •      1    m  <•    »  •  11  1  •  .in    the    circuit    or 

courts  01  the  United  btates  ol  America,  whether  at  law  or  in  equity,  di.^tr  ct  courts  of 
by  a  citizen  or  citizens  of  one  of  the  Confederate  States  of  America,  the  U.  P.  lecom- 
against  a  citizen  or  citizens  of  another  of  the  said  Confederate  States,  ^nencedlntbe^?tat« 
and  said  suits  or  any  of  them  shall  be  recommenced  in  the  State  courts  to  he  read  on  the 
of  any  of  the  Confederate  States,  the  evidence  taken,  in  such  suits  trial  in  the  State 
whilst  pending  in  the  circuit  or  district  courts  of  the  United  States,  by  courta. 


152  PROVISIONAL  CONGRESS.     Sess.  II.     Cii.  55.     1861. 

commission,  shall  be  read  upon  the  trial  of  such  suits  so  recommenced 

Pnleg  and  regu- in  the  State  courts  aforesaid,  under  such  rules  and  regulations  as  obtain 

^-:oDi«.  respectively  in  the  State  courts  of  the  Confederate  States ;  except  that 

no  objection  shall  be  good  and  available  to  the  execution  and  return  of 

the  commissions  for  taking  testimony,  which  would   not  be  good  and 

available  in  the  circuit  or  district  courts  of  the  United  States  from  which 

they  issued  ;  and  that  all   consents  between  parties  or  their  attorneys, 

entered   into    touching   the   return  and  execution  of   commissions    for 

taking  testimony  and  as  to  the  admissibility  of  evidence,  entered  into  in 

the  said  suits  whilst   pending  in  the   said   courts  of  the  United   States, 

shall  be  valid,  and  obtain  in  the  said  suits  so  recommenced  in  the  State 

courts  of  the  Confederate  States. 

Clerks   of    the      Sec.  2.  That  upon  the  application  of  either  party,  his  agent  or  attor- 

district    courts    of  j^^,      jj.  ^{^.^jj   ^^   ^j^^  ^j^j.     ^^^.  ^j        j    .j.  ^^  ^.j      ^w^iyi^^.^  c^u^.ts  of  the  Con- 

the   C.  S.  to  trans-       •' '  *'.  i        i  •      i         ,  -/.in 

init«u''h  testimonj'itJderate  States  to  transmit  inider  bis  hand  and  seal,  duly  certified,  all 
to  the  c-lerksof  rhethe  testimony  taken  by  commission  in  any  case  so  brought  as  aforesaid, 
State  courts.  ^^  .^^^^  ^f  ^j^g  circuit  or  district  courts  of  the  United  States,  to  the  clerk 

of  the  State  court  where  the  same  may  be  recommenced,  as  well  as  all 
consents  as  aforesaid,  touching  the  execution  and  return  of  commissions 
Clerk's  fee.         and  the  admissibility  of  testimony.     That  he  shall  receive  for  such  ser- 
vice the  sum  of  one  dollar,  to  be  paid   by  the  party  applying  for  the 
same,  which  sum  shall  be  taxed  in  the  bill  of  cost  in  the  State  courts, 
and  abide  the  result  of  the  suit  as  other  costs  in  like  cases. 
8tate  of  Arkan-      Sec.  3.   Be  it  farthnr  enacted,  That  the  State  of  Arkansas  shall  con- 
eas   to   constitute stitute  two  judicial   districts,  the  limits  and  boundaries  of  which  and 
Jrkti."'^''''''^  '^^'■the  ofBcers  thereof  shall  be  the  same  as  existed  by  force  of  the   laws  of 
the  United  States  when  the  State  of  Arkansas  seceded  from  the  United 
States;  and  such  districts  shall  be  known  and  designated  as  the  eastern 
and  western  judicial  districts  of  the  Confederate  States  of  America  in 
Arkansas. 
Judpre,   marshal      Sec.  4.  Be  it  further  enacted,  That  the  judge,  marshals  and  attorneys 
ecfh  dibtrki^^  ^''^^ox  said  districts'shall  be  appointed  by  the  President,  and  that  the  juris- 
Juri.s(ii«tion    of  diction  exercised  by  said  district  courts  and  the  judges  thereof  shall  be 
the  eourt.  the  same  in  all  respects  as  that  exercised  by  the  other  district  courts  of 

the  Confederate  States,  and  judges  thereof;  and  that  the  said  courts  shall 
in  all  respects  be  subject  to  the  provisions  of  the  act  entitled  "  An  act  to 
establish  the  judicial  courts  of  the  Confederate  States  of  America." 
Ari>KO%^KD  May  21,  18G1. 


May  21,  1861.      Chap.  LV. — An  Art  to  prohibit  the  exportation  of  cotton  from   the  Conf  derate  States^ 
•~ except  through  the  tsenports  of  hard  Satis';  and  to  puniiih  persona  offeudimj  (herein. 

Export  of  coUon       The  Congress  of  the  Coifcdcrate    Sfatea   of  America  do  enact,  That 

*ei!p?Mts  of"tho  c!^''*^"^  '"'"^^  after  the  first  day  of  eTune  next,  and  during  the  existence  of 

B.,  pri-ihibiied.        the  blockade  of  any  ot  the  ports  of  the  Confederate  States  of  America 

by  the  government  of  the  United   States,  it  shall  not  be  lawful  for  any 

person  to  export  any  raw  cotton  or  cotton  yarn  from  the  Confederate 

_    States  of  America,  except  through  the  seaports  of  the  said  Confederate 

nhnls  "and  revenue  States  ;  and  it  shall  be  the  duty  of  all  the  marshals  and  revenue  officer.9 

officers-  of  the  said  Confederate  States,  to  prevent  all  violations  of  this  act. 

PeriHlty  lor  vio-      Sec.  2.  If  any  person  shall  violate,  or  attempt  to  violate  or  evade  the 
lating  this  act.       provisions  of  the  foregoing  section,  he  shall  forfeit  all  the  cotton  or  cot- 
ton yarn  tlius  attempted  to  be  illegally  exported,  for  the  use  of  the  Con- 
federate States  ;  and  in  addition   thereto  he  shall  be  guilty  of  a  misde- 
meanor, and  on  conviction  thereof  shall  be  fined  in  a  sum  not  exceeding 


PROVISIONAL  CONGRESS.     Sess.  II.     Cii.  56,  57.    1861.  US 

five  thousand  dollars,  or  else  imprisoned  in  some  public  jail  or  peniten- 
tiary for  a  period  not  exceedinji  six  months,  at  the  discretion  of  the 
court,  after  conviction  upon  trial  by  a  court  of  competent  jurisdiction. 

Sec.  3.  Any  person  informing  as  to  a  violation  or  attempt  to  violate  Infomi'^r  entitled 
the  provisions  of  this  act,  shall  be  entitled  to  one-half  the  proceeds  of*"  ""*'  ^J^^^  T'"" 
the  articles  forfeited  by  reason  of  his  information.  ?orfiitcd 

Sec.  4.  Any  justice  of  the  peace,  on  information  under  oath  from  any     Juftiec  may  is- 
person,  of  a  violation  or  attempt  to  violate  this  act,  may  issue  his  war- «""  ""rraDt  for  tho 
rant  and  cause  the  cotton  or  cotton  yarn  specified  in  the  affidavit  to  be  ^'^'^"'^  °    *^° 
seized  and  retained  until  an  investigation  can  be  had  before  the  courts 
of  the  Confederate  States. 

Sec.  5.  Every  steamboat  or  railroad  car  which  shall  be  used  with  the  Ftf  amboats.  <tc., 
consent  of  the  (Avnor  or  persor.  having  the  same  in  charge,  for  the  P^r- "^P^  ,^J|^  fJrfeilcd.^ 
pose  of  violating  this  act,  shall  be  forfeited  in  like  manner  to  the  use  of 
the  Confederate  States.  ]3ut  nothing  in  this  act  shall  be  so  construed  Fxportation  of 
as  to  prohibit  exportation  of  cotton  to  Mexico  through  its  co-termiuous  f"'^'^"  j*"  ^^^'^^ 
frontier. 

ArPROVED  May  21,  18G1. 


ClIAr.  LVI. — ..111  Act  to  provide  fur  the  pay  nf  the  o^'crrs   xrho  have  resigned  f mm  the       Mny  21,  186'.. 
United  States  navy,  and  whom  it  is  proposed  to  add  to  the  Confederate  JStntea  na  y.        ■ 

Br  it  enacted  hy  the  (Jonqrcf.?.  of  *he    Cov federate  Stafex  of  America,     Appropriation 
That  the  sum  of  three  hundred  and  fifty-two  thousand  six  hundred  dollars '■7.,P»-\,"^ ''*"*=•=" 

,  1     ,  -11  •    .     1         ,     r.  -I  "f  tlie   U.   b.  navy 

be  and  tlie  same  is  h.creby  appropriated  out  oi  any  money  in  the  treasury  ^i,„  ii^vc  rct^i^jncd 
not  otherwise   appropriated,  to  be  expended   in   the  pay  of  the  (jfficers  and    whom   it   i« 
who  have  resigned  from  the  United  States  navy,  and  whom  it  is  proposed  rroposed  to  add  to 
to  add  to  that  of  the  Confederate  States,  said  sum  to  be  appropriated  as 
follctws  :  for  the  pay  of  twelve  captains,  on  and  off  duty,  forty  thousand 
dollars  ;  twenty-nine  commanders,  on  and  off  duty,  seventy-one  thousand 
dollars  ;  eighty  lieutenants,  one  hundred  and  thirty-nine  thousand  four 
hundred  dollars ;  twenty-five  surgeons,  including   passed  assisiant  sur- 
geons, fifty-six  thousand  two  hundred  dollars  ;  twelve  assistant  surgeons, 
fourteen  thousand  four  hundred  dollars;  sixteen  paymasters,  thirty-one 
thousand  six  hundred   dollars.     To   pay  Captains  Lawrence  Ilousseau, 
.losiah   Tatiiall,  Victor   M.   Randolph,  and   Duncan   ISI.  Ingraham,  and 
Commander  Ka]iliael  Senimes  certain  travelling  expenses,  as  ])er  resolu- 
tion of  3Iaroh  fifteenth,  one  thousand  eight  hundred  and  sixty-one,  five 
hundred  and  ninety-three  dollars. 
Approved  May  21,  18G1. 


Cn.\r.  LVIl. — An  Act  to  make  temporary  dinposilion  of  certain  railroad  iron.  May  21,  1861. 


Whereas,  In  furtherance  of  a  contract  between  Thomas  0.  Rates,  an  Preamble, 
alien  enemy  residing  in  the  State  of  New  York,  and  the  Memphis, 
El  Paso  and  Pacific  i-ailroad  company,  a  large  quantity  of  railroad 
iron  is  on  deposit  at  New  Orleans  and  on  the  Mississippi  and  Red 
rivers,  intended  by  said  contract  for  said  road,  and  said  alien  being 
now  incapable  of  carrying  on  his  contract—- 

The  Conr/ress  of  the  Covfederate  States  of  America  do  enact,  That  said     Disposition    of 
Memphis,  El  Pasoand  Pacificrailroad  companj'beand  is  hereby  authorized  T' 
to  take  possession  of  said  iron  upon  payment  of  duty  and  lawful  charges, 
if  any,  and  lay  the  same  on  their  road,  upon  giving  bond  to  the  Sccre- 


rertain    railroad 


154  PROVISIONAL  CONGRESS.    Sess.  II.    Ch.  58,  59.     1861. 

tary  of  the  Treasury,  to  respond  for  the  payment  of  said  iron,  as  Con- 
gress may  hereafter  direct,  the  ultimate  rights  of  all  persons  being 
hereby  reserved  until  such  legislation. 

AprnovED  May  21,  1861. 


May  21,  1861.  Chap.  LYIII. — An  Act  to  j)rovide  for  the  cession,  oti  the  part  of  the  State  of  Arkmtsas, 
ol  the  Arsenal  nt  Little  llock,  mid  of  Fort  S'ln'lh,  ut  the  city  of  Foit  Smith,  in  the 
State  of  Arknnxas  to  the  Cuitf  derate  Suttca  <f  America,  and  the  acceptance  uf  the 
same  by  the  said  Confederate  Slates. 

Preamble.  WilERExls,  By  ordinance  of  the  Convention  of  the  State  of  Arkansas, 

passed   the   eleventh  day  of  May,   one   thousand  eight  hundied  and 
sixty-one,  herewith  submitted,  authority  was  conferred  upon  the  dele- 
gation of  the  State  of  Arkansas  to  cede  to  the  Confederate  States  the 
arsenal  at  Little  Rock,  and  Fort  Smith  at  the  city  of  Fort  Smith,  in 
the  State  of  Arkansas,  and  the  grounds,  buildings  and  appurtenances 
attached  to  each,  in  accordance   with   the   terms  of  said   ordinance, 
therefore — 
Acceptance    of      The  Con'jress  of  the   Confederate   States  of  Ameriea  do  enaet,  That 
the  cession  of  eer- j.|^g  (jgggJQjj   ^^  hereinbefore   recited   is  hereby  accepted,  and  it  is  now 
State  of  Arkansas,  ^^^^'^c  the  duty  of  the  Secretary  of  War  to  accept  a  deed  of  cession  of 
Deed  of  cession,  the  said   arsenal   and  other  property  to  be  executed  by  the  said  delega- 
tion, and  to  take  charge  of  and  hold  the  same  in  the  name  of  the  gov- 
ernment of  the  Confederate  States  of  America. 
Approved  May  21,  1861. 


May  2',  1801.  Chap.  LIX — A71  Act  relative  to  prisoners  of  war. 


Prj>-oners  of  war ;  f/ic  Congress  of  the  Confederate  States  of  America  do  enact,  That 
transfer,     '^"^'o' y  all  prisoners  of  war  taken,  whether  on  land  or  at  sea,  during  the  pend- 

Ond  sustenance    ol.  .         1  .  ■    1        ,         i  t     •        i      1:1  i      n     i  n  ^     ^  1 

ing  hostuities  with  the  United  fetates,  shall  be  transierred  by  the  cap- 
tors from  time  to  time,  and  as  often  as  convenient,  to  the  Department  of 
War ;  and  it  shall  be  the  duty  of  the  Secretary  of  War,  with  the  ap- 
proval of  the  President,  to  issue  such  instructions  to  the  Quartermaster 
(Jeneral  and  his  subordinates  as  shall  provide  for  the  safe  custody  and 
sustenance  of  prisoners  of  ^var ;  and  the  rations  furnished  prisoners  of 
war  shall  be  the  same  in  quantity  and  quality  as  those  furnished  to  en- 
listed men  in  the  army  of  the  Confederacy. 

isfll,  cb.  3,  ?S,  Sec.  2.  That  the  eighth  section  of  the  act  entitled  ''  An  act  recogni- 
f'-  ^^^-  zing  the  existence  of  war  between  the  United  States  and  the   Confede- 

rate States,  and  concerning  letters  of  marque,  prizes  and  prize  goods/' 

Officer?,   crow.  g}iaii  ^ot  be  SO  Construed  as  to  authorize  the  holding  as  prisoners  of  war 

Ac,    of     unarmed  .-,  cc-  n  i  i  \. 

vessels  not  to  be  ^"0  olncers  or  crew  01  any  unarmed  vessel,  nor  any  passengers  on  such 
held  as  prisoners  vessel,  unless  such  passengers  be  persons  employed  in  the  public  service 
of  war.  Qf  ii^Q  enemy. 

1861,  ch.  ?,,  ?10,  Sec.  8.  That  the  tenth  section  of  the  above  recited  act  shall  not  be 
^' When  bounty  al  ^^  Construed,  as  to  allow  a  bounty  for  prisoners  captured  on  vessels  of  the 
lowed  for  prisoners  enemy  and  brought  into  port,  unless  such  prisoners  were  captured  on 
captured  on  armed  board  of  an  armcd  ship  or  vessel  of  the  enemy  of  equal  or  superior 
n  iptf  or  vessels.      f^Yce  to  that  of  the  private  armed  vessel  making  the  capture. 

Approved  May  21,  1861. 


PROVISIONAL  CONGRESS.    Sess.  II.    Cii.  CO,  61,  G2.    1861.  155 

Chap.  LX. — An  Art  for  the  publication  of  the  laiea.  Mar  21,  1861. 

Tlip  Confjrrss  of  (he  Confederate    States  of  America  do  enact,  That     Acts  of  Conjrrepa 
five  hundred  coj.ies  of  the  acts  of  this  ses^sion  of  Congress  be  published  ^  ^^  published, 
forthwith  in  jjHUjphlet  form,  to  be  distributed  as  follows  :  one  copj'  to  the     How  distributed, 
executive  of  each  of  the  (■cnfederate  States  ;  one  to  each  judge  of  the 
district  courts  of  the  Confederate  States ;  one  to  the  executive  of  the 
Confederacy  ;  ot)e  to  the  head  of  each  department  and  ot  each  bureau  ; 
one  to  each  member  of  Congress,  and  one  to  each   clerk  of  the  district 
courts;  and  the  remainder  to  be  kept  in  the  office  of  the  Department  of 
Justice,  for  the  further  order  of  Congress. 

Approved  May  21,  18G1. 


Chap,  LXI — An  Act  mnlivij  appropriatiann  for  )he  support  of  the  nary,  for  the  year      May  21,1  61. 
endiiitj  ti<jhtccuth  of  February,  ciijhtccn  hundred  and  sixty-tioo.  '~ 

Tlie  Connrcss  of  the  Cov federate  States  [nf  Amrr/cal  do  enact,  That     ^V^<^'^^o    appro- 
the  following  sums  be  and  the  same  are  hereby  appropriated,  for  the  {^^^^ 
objects   hercinalter  expressed,  for  the  year   ending  the   eighteenth   of 
February,  eighteen  hundred  and  sixty-two  : 

Kavi/ — For  purchase  of  nautical  instruments,  books  and  charts  for 
Confederate  States  navy,  five  thousand  five  hundred  dollars.  For  eqi#p- 
ment  and  repair  of  vessels  of  Confederate  States  navy,  one  hundred 
thousand  dollars.  For  laboratory  for  safe-keeping  ordnance  stores,  and 
labor  in  preparing  them,  thirfy-scven  thousand  dollars.  For  ordnance 
and  ordnance  stores,  eighty  thousand  dollars.  For  "  contingent  enume- 
rated," for  the  following  purposes,  viz  :  Freight  and  transportation  ; 
printing  and  stationery;  advertising,  models  and  drawings;  repair  of 
fire  engines  and  hose  repairs,  and  attending  to  steam  engines  in  yards; 
purchase  and  maintenance  of  horses  and  oxen  and  drawing  teams  ;  carts, 
lumber,  wheels,  and  the  purchase  and  repair  of  workmen's  tools  ;  post- 
age on  public  letters  ;  fuel,  oil  and  candles  for  navy  yards  and  shore 
stations  ;  pay  of  watchmen  and  incidental  labor  not  chargeable  to  other 
appropriations ;  wharfage,  dockage  and  rent ;  travelling  expenses  of 
officers  and  others  under  orders  ;  funeral  expenses  ;  store  and  office  rent ; 
commissions  and  pay  of  navy  agents  and  clerks  ;  flags,  awnings  and 
packing  boxes ;  books  for  libraries  of  vessels ;  premiums  and  other 
expenses  of  recruiting;  apprehending  deserters;  per  diem  pay  of  per- 
sons attending  courts  martial,  courts  of  inquiiy,  and  other  services 
authorized  by  lavy  ;  pay  of  judge  advocate;  pilotage  and  tonnage  of 
vessels,  and  assistance  to  vessels  in  distress  ;  and  for  bills  of  health  and 
quarantine  expenses  ; — fifty  thousand  dollars.  For  medical  supplies  and 
surgeons'  necessaries  for  sick  of  navy,  engineer  and  marine  corps,  six  • 
thousand  dollars. 

ArviiovED  May  21,  ISGl. 


Chap.  LXII. — An  Act  sv2yp)er,i'-rjrtj  to  an  act  to  c'tablinh  the  Judicial  Courts  of  the      May  21,  1861. 
Ciinfvdcratc  States  vf  Atncri^a. 


The  Congress  of  the  Cny\ federate  States  of  America  do  enact.  That  A^hcn  jmlgo  of 
in  all  suits  and  actions  in  any  district  court  of  the  Confederate  States, '^'■'''"''.'^  court  can- 
in  which  the  judge  of  such  court  may  be  interested,  or  may  have  heen  ^"jj^^^^  pj.jjjfp°^- "*^' 
of  counsel  of  cither  party,  or  i.s  connected  with  or  related  to  either 


15G  PROVISIONAL  CONGRESS.     Sess.  II,     Ch.  62.     1861. 

party,  so  as  to  render   it  improper  for  him  to  sit  on  the  trial  of  such 
suit  ur  action,  it  shall  be  his  duty  to  cause  the  fact  to  be  entered  on  the 
records  of  the  court ;  also  an  order  that  an  authenticated  copy  thereof, 
and  a  copy  of  all  the  proceedings,  orders,  pleadings  and  papers  in  such 
suit  or  action,  shall  be  forthwith  certified  to  the  most  convenient  dis- 
trict court  free  from  like  objection  ;  which  said  district  court,  upon  such 
record  being  filed  with  the  clerk  thereof,  shall  take   cognizance  thereof, 
in  the  like  manner  as  if  such  suit  or  action  had  been  originally  com- 
menced in  said  court,  and  shall  proceed  to  hear  and  determine  the  same 
accordingly.     And  the  jurisdiction  of  such  district  court  shall  extend 
to  all  such  cases  so  removed  as  were  cognizable   in   the   district   court 
from  which  the  same  were  removed. 
Transfer  of  ap-      Sec.  2.  AVhen  any  appeal  or  writ  of  error  was  pending  in  any  of  the 
peal  or  w,if  of  er- ];jte  circuit  courts  of  the   United   States,  from  any  of  the  late  district 
court  to   supreaie  ^ourts  of  the  United  States,  and  the  judge  of  the  present  district  court 
court,  wht-re   t  h  e  to  which  such  appeal  or  writ  of  error  is  transferred  is  the  same  person 
judge  of  the  dis-  -^^rjjQ  i-eiulcrcd  the  decree  or  judgment  from  which  such  appeal  or  writ  of 

trictcoiiit  rciiclcred  .1  ,1  1  i  -.      /•  1     n    i       .  c  j 

the   deeisim   ap-  ^n'or  was  taken,  then   such  appeal  or  writ  01  error  shall  be  transferred 
pealed  from.  to  the  supreme  court  of  the  Confederate  States,  upon   the   party  giving 

bond   and   surety,  as  required  by  law  in   case  of  an  appeal  or  writ   of 
Copy  of  the  re-  error  sued  out  to  said  supreme  court.     And  an   authentic   copy  of  the 
^''^'^^-  record,  under  the  seal  of  the   district  court,  shall  be  sent  along  with 

such  bond  to  the  said  supreme  court,  which  court  shall   thereupon   pro- 
ceed to  hear  and  determine  the  same,  as  iu  other  cases. 
Fariher  time  al-      Si:c.  3.  When  in  any  case  heretofore  decided  in  any  of  the  late  dis- 

l.wed  parties  to  tj.jg^  or  circuit  courts  of  the  United  States,  either  party  had   the  right 
appeal  O'-  sue  <  ut  ,  .       „  '  i  • 

writ  "t  error  from  ^0  appeal,  or  to  prosecute  a  writ  01  error,  so  as  to  suspend  execution, 

judgment^,  <tc.,  ofbut  have  been  prevented  from  so  doing  within  the  time  fixed  by  law, 

the  late  district  or^,y  ^j^g  closing  of  the  courts  on  the  secession  of  the  several  States,  in  all 

tjjo  u.  s.  such  cases  a  further  period  of  six  mouths  from  the  time  of  holding  the 

first  term  of  the  district  court  of  the  Confederate  States  in  such  district 

shall  be  allowed  such  party,  within  which  to  take  an  appeal  or  sue  out 

a  writ  of  error ;  and  such  appeal  or  writ  of  error  shall  have  the  same 

effect  as  if  sued  out  or  taken  within  the  time  prescribed  by  the  former 

laws. 

Official  bond."'  of      Sec.  4.  The  official  bonds  of  all  clerks  and  marshals  of  the  courts  of 

i-krks    and  nia,r-t]jg  Confederate  States  shall  be  deposited  in  the  Department  of  Justice. 

«hals,    where    de-^  ,,  -i.  iU  ■      r  f      ±^  -^i  r  j.-l 

posited.  ^^  c^^c  01  any  suit  thereon,  m  lavor  or  lor  the  use  either  01  the  govern- 

Suit  may  hcment  Or  of  an  individual  or  a  corporation,  such  suit  may  be  maintained 
inaint  ined    on    a  qq  ^  copy  of  such  bond,  authenticated  by  said   department  under  its 
*^  When  ueces^iiry  ^^'^^'  ^^  ^^^  same  manner  as  upon  the  original.     ]3ut  if  the  execution  of 
to  produce  the  ori-  such  bond  shall  be  dryiWd  by  any  party   thereto,  by  a  plea  of  non  est 
Final,  and  h-jw  ob-yj^c^wOT,  supported  by  affidavit,  then  it  shall  be  necessary  to  produce  the 
original  before  the  trial  of  such  suit ;  and  in  such  case  the  said  depart- 
ment shall  transmit  the  original   bond,  retaining  a  copy  thereof,  to  the 
court  in  which  such  suit  is  pending ;  but  the  same  shall  be  returned  to 
the  said  department  when  the  suit  is  ended. 
Department    of      Sec.  5.  Where,  in  any  case,  there  is  no  building  provided  for  holding 
"^"^o'*^^  *d  ^'^'^^^^^  ^  co"^^  of  the  Confederate  States,  it  shall  be  the  duty  of  the  Depart- 
for  holdin"  courts*  "^*^"^  ^^  Justice  to  provide  suitable  accommodations  for  holding  it,  and 
a' d   to  fu  rni  sh  to  furnish  the  nece:-sary  books  for  records  and   dockets  for  the  proper 
^°^^^-  conducting  of  the  business  of  the  court,  subject  in  all  instances  to  the 

approval  of  the  President. 
Act  oflSfll,  cTi.       Hec.  G.  The  forty-eighth  section  of  the  act  to  which  this  is  a  supple- 
ainomk'd.   '  ^'  ^^'  "^^ut  shall  be  and  the  same  is  hereby  amended,  so  as  to  permit  cither 
Either  party  to  P^rty  to  file   the   transcript  of  the   record   and   copy  of  the  bonds,  Jia 
«ppcal8,   <tc.,    in  therein    required,   iu  the    supreme  court  of   the  Confederate    States, 


PROVISIONAL  CONGRESS.    Sess.  II.    Ch.  63,  64,  65.  1861.  157 

without  dismissing  the  appeal  or  writ  of  error  in  the  supreme  court  of  supreme  court  of 
the  United  States,  where  the  said  court  refuses  to  dismiss  the  same  upon  U  S^  .™  "^j.  ^'1.** 
motion  ;  and  that  the  said  section  be  also  amended  so  as  to  allow  the  period  record,  Ac,  in  th» 
of  twelve  months  from  the  time  of  the  organization  of  the  supreme  suisrcmo  court  of 
court  of  the  Confederate  States  for  filing  such  transcript  and  bond,  "^^^  C'.  S. 
instead  of  the  time  in  said  section  prescribed. 
Ai'PKOVED  May  21,  1861. 


ClUI'.  LXIII — An  Act  nlutive  to  the  library  of  Congress.  Miiy  21,  I86I. 

The  Cov(j7-cs.<i  of  tlte    Covfederote    Stufcs  of  America  do  enact,  That    Secretary  of  Con- 

the  books  j)urch;!sed  by  the  committee  appointed  to  revise  the  laws  of  S''^^**"  akccharga 

the   United   Statt's,  be   deJivcied   to  the   Secretary  of  Congress,  and  be )'     t'he^eo'imniuoo 

retained  by  him   for  the   use  and  benefit  of  the  members  of  Congress ;  s.ppoint-d  t«  revi;;* 

and  the  secretary  sell  the  iurnilure  and   other  efiecls  belonging  to  the '^",^  "'^  ^b*"  ^^- ^• 

government,  which  .shall  be  turned  over  by  the  committee  on  revision,     nimrc^^^ii'    xnnllk 

Appkovkd  May  21,  1801.  over  to   said  com- 

ruittce. 


Chap.  LXIV. — An  Act  for  the  relief  of  district  attornrys  of  the  Confederate   States  in      May  21,  1801. 

the  field.  ■ 

The   Congre.^!i  of  the   Confederate   States  of  America  do  enact.   That     When  distriH 
whenever  a  district  attorney  of  the  Confederate   States  may  enter  the  J"'^^'- "^'J^y  "I'P"*"* 
militaiy  .service  of  the   Confederate  States,  he  may,  by  the  consent  of  J^"    ^j.^"""*^^    ^'^ 
the  district  judge,  entered  of  record,  appoint  an  attorney  p'"'^  tc.mj)ore 
during  his  absence. 

Ai'i'KOVEn  May  21,  18G1. 


Chap.  LXV. — An  Act  to  scene  copy  rights  to  authors  and  composers.  Mav  21,  18fil. 


The  Congress  of  the  Confederate  States  of  America  do  enact,  [That]     Fxclusive  risht 
any  person   or  persons  being  a  citizen   or  citizens  of  the  Confederate  "*"  l'"^*''.'^'>i"S.  *•% 
States,  or  resident  therein,  who  shall  be  the  author  or  authors  of  any  ]^''f[''^,,,|"tlj''"J^^" 
book  or  bociks,  map,  chart  or  musical  composition,  which  may  be  now  siguets. 
made  or  composed,  and  not  printed  and  published,  or  shall  hereafter  be 
made  or  composed,  or  who  shall  invent,  design,  etch,  engrave,  woik,  or 
cause  to  be  engraved,  etched  or  woiked  from  his  own  design,  any  print  [ 

or  engraving,  and  the  executors,  administrators  or  legal  a.ssigns  of  such  : 

person  or  persons,  shall   have  the  sole  right  and   liberty  of  printing,  re- 
printing, publishing,  and    vending  such   book   or  books,  map,  chart   or 
musical  composition,  print,  cut  or  engraving,  in  whole  or   in    part,  for 
the   term  of  twenty-eight  years   from   the   time  of  recording  the  title     Period, 
thereof,  in  the  manner  hereinafter  directed. 

Sko.  2.  No  person  shall  be  entitled   to  the  benefit  of  this  act,  unless     Copy  nf  title  t« 
he  .shall,  before  publication,  deposit  a  printed'  copy  of  the  title  of  such  },''  '^^f"f"^\  with 

,       ,  ,       ,  ^  1       ,.  •      1  ^       •.-  ^   •    .  .  •  t1>e   clerk   of    tho 

book  or  books,  map.  chart,  musical  composition,  print,  cut  or  engraving,  district  court. 

in   the   clerk's  office  of  the   district   court  of  the   district  wherein  the 

author  or  proprietor  shall  reside.     And  the  clerk  of  such  court  is  hereby 

directed  and  required  to  record  the  same  thereof  forthwith,  in  a  book  to     Record  thereof. 

be  kept  for  that  purpose,  in   the  words  following  (giving  a  copy  of  the 

title,  under  the  seal  of  the  court,  to  the  said  author  or  proprietor,  whenever 


158  PROVISIONAL  CONGRESS.     Sess.  II.     Ch.  65.     1861. 

he  shall  require  the  same)  :  District  of  to-wit :  Be  it  rcmcriv- 

hn-cd  that  on  tJic.  day  of  Anno  Domini,  ,  A  B,  of  the 

said,  district  hath  deposited  in  this  office  the  title  of  a  book  (map,  chart 

or  otherwise  as  the   case   may  be),  the  title  of  which  is  in  the  u-ords 

foUowiiiff,  to-wit  (here   insert   the  title)  :  the  rif/ht  whereof  he  claims  as 

author  (or  pi'oprietor  as  the  case  may  be),  in  co)if>rmity  with  an  act  of 

Congress  entitled  ^^An  act  to  secure  copi/  rights  to  authors  and  com- 

Fee8.  2wsers."     C  D,    clerk  of  the  district."     For    which   record    the    clerk 

shall  be  entitled  to  receive  from  the  person  claiming  such  right  as  al'ore- 

said,  fifty  cent*;  and  the  like  sum  I'or  every  copy,  under  seal,  actually 

Copy  to  b9  cle-  given  to  such  person  or  his  assigns.     And   the  author  or  proprietor  of 

three'^uionths^'froin^^"^  ^^^^'^  book,  map,  chart,  musical  composition,  print,  cut  or  engraving, 

publ. cation.  shall,  within  three  months  from  the  publication  of  said  book,  map,  chart, 

.    musical   composition,   print,  cut  or  engraving,  deliver  or  cause  to  be 

Li^t  and  copies  delivered  a  copy  of  the  same  to  the  clerk  of  said  district.     And  it  shall 

to  be  an  nu  allying  ^j^^  ^^^^    P^-  ^^    ^.j   ,j.  ^^        -^  district  court,  at  least  once  in  every 

t.riinsmiUi.(l  to  ihe  •'         .  .„     ,  ,.  ,.      ,,  i  i        /.  •    ,        .       ,  "^ 

Bute  dopartmcut.  JG^ir,  to  transmit  a  certined  list  or  all  such  records  oi  copy-nglit,  inclu- 
ding the  titles  so  recorded,  and   the  dates  of  record  ;  and   also  all  the 
several  copies  of  books  or  other  works  de]>osited   in  his  office  according 
to  this  act,  to  the  Secretary  of  State,  to  be  preserved  in  his  office. 
_  Notice  of  copy-      gEc.  3_  }^q  person  shall  be  entitled  to  the  benefit  of  this  act,  unless 

"^''M.i''.'^'^  ^'^']'"^'^  he   shall  give  information  of  conv-right  being  secured,  by  causing  to 

on  title  page,  <tc.     ,       .  *=    .         ,  ,  •    ^ '  ,.  i  ,  >•   •  i  i-   i      i 

be  inserted   in  the  several  copies  oi  each  and  Q.v(iYy  ediiion   published 

during  the  term  secured,  on  the  title  page,  or  page  inimediiitely  follow- 
ing, if  it  be  a  book,  or  if  a  map,  chart,  musical  composition,  print,  cut, 
or  engraving,  by  causing  to  be  impressed  on  the  face  tiiereof  j  or  if  a 
volume  of  maps,  charts,  music  or  engravings,  upon  the  title  or  frontis- 
piece thereof,  the  following  words,  viz.  :  "  Entered  according  to  act  of 
Congress,  in  the  jjear  h'/  A  B,  in  the  clerk's  of  lee  rf  the  district 

court  of  ,  (as  the  case  may  be.) 

Copies  tobe  sent  Sec.  4.  The  author  or  proprietor  of  any  book,  map,  eh  srt,  musical 
"^'tate''*'^'  "^"^^  °  composition,  print,  cut  or  engraving,  for  which  a  coiiy-right  shall  be 
secured  under  the  existing  acts  of  Congress,  or  those  wii'ch  shall  here- 
after be  enacted  respecting  copy-rights,  shall,  within  thiee  niiinths  from 
the  publication  of  said  book,  map,  chart,  musical  composit'.on.  print,  cut 
or  engraving,  deliver  or  cause  to  be  delivered  one  coj.y  of  the  same  to 
the  Department  of  State,  for  the  use  of  Congress.       ' 

When  copyriglit  gjic.  5.  jf^  at  the  expiration  of  the  aforesaid  term  of  years,  such 
author,  inventor,  designer,  engraver,  or  any  of  them,  when  the  work  had 
been  originally  composed  and  made  by  more  than  one  person,  be  still 
living,  and  a  citizen  or  citizens  of  the  Confederate  States,  or  resident 
therein,  or  being  dead,  shall  have  left  a  widow  or  ch'ld  or  children, 
either  or  all  of  them  living,  the  same  exclusive  right  shall  be  continued 
to  such  author,  designer  or  engraver;  or  if  dead,  then  to  such  widow 

Record.  and  child  or  children,  for  the  further  term  of  fourteen  years:  Provided, 

That  the  title  of  the  work  so  secured  shall  be  a  second  time  recorded, 
and  all  such  other  regulations  as  are  herein  required  in  regard  to  origi- 
nal copy-rights,  be  complied  with  in  respect  to  such  renewed  copy-right, 
and  that  within  six  months  before  the  expiration  of  the  first  term. 

Copy  of  record      Sec.  G.  Ill  all  cascs  of  renewal  of  copy-right  under  this  act,  such 

to  be  publi.shed.      author  or   proprietor  shall,  within   two   months  from  the  date  of  said 

renewal,  cause  a  copy  of  the  record  thereof  to  be  published  in  one  or 

«       more  of  the  newspapers  printed  in  the  Confederate  States,  for  the  spaco 

of  four  weeks. 

Assignments  to      g^.^.  7.  All  deeds  or  instruments  in  writing  for  the  transferor  assign- 

aa^d  ^ecordc'L  ^°^  ments  of  copy-rights,  being  proved  or  acknowledged  in  such  manner  as 

deeds  for  the  conveyance  of  land,  are  required  by  law  to  be  proved  or 


PROVISIONAL  CONGRESS.     Sess.  II.     Ch.  65.     1861.  159 

acknowledj^ed  in  the  same  State  or  district,  shall  and  may  be  recorded 
in  the  office  where  the  original  copy-right  is  deposited  and  recorded  ; 
and  every  such  deed  or  instrument  that  shall  in  any  time  hereafter  be 
made  and  executed,  and  which  shall  not  be  proved  or  acknowledged  and 
recorded  as  aforesaid,  within  sixty  days  alter  its  execution,  shall  be 
judged  fraudulent  and  void  against  any  subsequent  purchaser  or  mort- 
gagee for  valuable  consideration  without  notice. 

Sec.  8.  The  clerk  of  the  district  court  shall  be  entitled  to  such  fees     Fees  for  record- 
for  performing  the   services   herein   authorized   and   required,  as  heis'^S* 
entitled  to  for  performing  like  services  under  existing  laws  of  the  Con- 
federate States.  ^ 

Sec.   9.  The   district  courts  of    the   Confederate   States  shall   have     Jurisdiction    of 
original    cognizance,  as  well   in   equity  as  at   law,  of  all  actions,  suits,  *"®  "'^"■'*^'' *^'^"''''- 
controversies  and  cases  arising  under  any  law  of  the  Confederate  States, 
granting  or  confirming   to   authors   or    inventors,  the  exclusive  right  to 
their  respective  writings,  inventions  and  discoveries  ;  and  upon  any  bill 
in  equity  filed    by  any  party  aggrieved    in    any   such   cases,   shall    have 
authority  to  grant  injunctions,  according  to  the  course  and  principles  of    Pnwcr  to  gmnt 
courts  of  equity  to  prevent  the  violation  of  the  rights  of  any  authors  or  ^"J"'^'^^'""^- 
inventors,  secured  to  them  by  any  laws  of  the  Conicderate  States,  on 
Buch  terms  and  conditions  as  the  said  courts  may  deem  tit  and  reasonable  : 
Provided,  hoiccvn\Thvit  from  all  judgments  and  decrees  of  any  district 
courts,  I'cndered   in   the  premises,  a  writ  of  error  or  appeal,  as  the  case     Writ  of  error  or 
may  require,  shall   lie  to  the  supreme  court  of  the  Confederate  States,  appeal, 
in  the  same  manner  and  under  the  same  circumstances  as  is  now  pro- 
vided by  law  in   other  judgments  and   decrees  of  such  district  courts, 
without  regard  to  the  amount  of  the  decree,  verdict   or  judgment  ap- 
pealed frou). 

Sec.  lU.  If  any  other  person  or  persons,  from  and  after  the  recording  Penalty  f'>r  vio- 
of  the  title  of  any  book  or  books,  according  to  this  act,  shall,  within  the '^^'°'^'^^*^"P-^''''S''*- 
term  or  terms  herein  limited,  ))rint,  publish  or  import,  or  cause  to  be 
printed,  published  or  imported,  any  copy  of  such  bonk  or  books,  without 
the  consent  of  the  person  legally  entitled  to  tlie  copy-right  thereof,  first 
had  and  obtained  in  writing,  signed  in  presence  of  two  or  more  credible 
witnesses,  or  shall,  knowing  the  same  to  be  so  printed  or  imported,  pub- 
lish, sell,  or  expose  to  sale,  or  cause  to  be  published,  sold  or  exposed  to 
sale,  any  copy  of  such  book  without  such  consent  in  writing,  then  such 
offender  shall  forfeit  every  copy  of  such  book  to  the  person  legally  at 
the  time  entitled  to  the  copy-right  thereof" ;  and  shall  also  forfeit  and 
pay  fifty  cents  i'or  every  such  sheet  which  may  be  found  in  his  posses- 
sion, either  printed  or  printing,  published,  imported  or  exposed  to  sale, 
contrary  to  the  intent  of  this  act ;  the  one  moiety  thereof  to  such  legal 
owner  of  the  copy-right  as  aforesaid,  and  the  other  to  the  use  of  the 
Confederate  States  ;  to  be  recovered  by  action  of  debt  in  any  court 
having  competent  jurisdiction  thereof. 

Sec.  11.  If  any  person  or  persons,  after  the  recording  the  title  of  any    Forinfiingtmont 
print,  cut  or  engraving,  map,  chart  or  musical  composition,  according  to '^^ '"  prints,  maps, 
the  provisions  of  this  act,  shall,  within  the  term  or  terms  limited  by  this^j'^^^jpogi^^'no^^'" 
act,  engrave,  etch  or  work,  sell  or  copy,  or  caiise  to  be  engraved,  etched, 
worked  or  sold,  or  copied,  either  in  the  whole,  or  by  varying,  adding  to, 
or  diminishing  the  main  design,  with  intent  to  evade  the  law;  or  shall 
print  or  import  for  sale,  or  cause  to  be  printed  or  imported  for  sale,  any 
such  map,  chart,  musical  composition,  print,   cut  or  engraving,  or  any 
parts  thereof,  without  tlie  consent  of  the  proprietor  or  proprietors  of 
the  copy-right  thereof,  first  obtained  in  writing,  signed  in  the  presence 
of  two  credible  witnesses,  or  knowing  the  same  to  be  so  printed  or  im- 
ported without  such  consent  as  aforesaid,  then  euch  offender  or  ofienders 


160  PROVISIONAL  CONGRESS.     Sess.  II.     Ch.  65.   1861. 

shall  forfeit  the  plate  or  plates  on  which  such  map,  chart  musical 
composition,  engraving,  cut  or  print  shall  be  copied,  and  also  all  and 
every  sheet  thereof  so  copied  or  printed  as  aforesaid,  to  the  proprietor  or 
proprietors  of  the  copy-right  thereof;  and  shall  further  forfeit  one  dol- 
lar for  every  sheet  of  such  map,  chart,  musical  composition,  print,  cut 
or  engraving,  which  may  be  found  in  his  or  their  possession,  printed  or 
published,  or  exposed  to  sale,  contrary  to  the  true  intent  and  meaning 
of  this  act;  the  one  moiety  thereof  to  the  proprietor  or  proprietors,  and 
the  otliei'  moiety  to  the  use  of  tlio  Confederate  States;  to  be  recovered  in 
any  court  having  jurisdiction  thereof. 
Printin;:,  Ac,  of      8ec.  12.  Nothing  in  this  act  sliall   be  construed  to  extend  to  prohibit 

worksofahen:?,  not  j-jip   importation   or  vending,  i)rintiiiLr   or  publishino-,  of  any  mai),  chart, 

musical  composition,  print  or  engraving,  written,  composed  or  made,  by 

any   person   not  being  a  citizen  of  tlie  Conft^derate  States,  nor   resident 

within  the  jurisdiction  thereof,  except  as  hereinafter  provided  for. 

Penalty  for  itn-      Sec.   13.  Any  person  or. persons  who  slia'.I  print  or  publish  any  manu- 

anthonze.l    publi-  gj.^.jpt  whatever,  without  the  consent  of  tlie  author  or  legal  proprietor  first 

script.  obtained   as  aforesaid   (u  such  author  or  proi)netor  be  a  citizen  ot  the 

Confederate  States,  or  i-esident  thei'ein),  sha!|    be  liable  to  sutler  and  pay 

the  authur  and  proprietor  all  damages  occasioned  by  such  injury ;  to  bo 

recovered  by  a  special   action  on  the  case  founded   upon  this  act,  in  any 

Courts  m  .ay  court  having  cognizance  thereof:  And  the  several  courts  of  the  Confedc- 

grant  jnjuactious.  j.j^j^  States  empowered  to  grant  injunctions  to  jjievent  the  violation  of  the 
rights  of  authors  and  inventors,  are  hereby  empowered  to  gi'ant  injunc- 
tions in  like  manner,  according  to  the  [)n'nciples  of  equitv,  to  restrain  such 
publication  of  any  manuscript  as  aforesaid. 

Copyright  in      g^c.  14.   Any  copy-right  hereafter  granted   under  the  laws  of  the  Con- 
dramatic  oomposi- /•   1        4     o.   *      '.     .1         "^^1  •   X         p  1 

tions  .0  iuelude  the '^''^''"''^^  ^^^^^^' '*^  *"^ '^''^''•^''   *^'"   P"op"etor  of  any  dramatic,  composition, 
•xclusive  right  uf  designed  or  suited  for  public  representation,  shall  be  deemed  and  taken  to 
representation.        confer  upon  the  said  author  or  proprietor,  his  heirs  or  assigns,  along  with 
the  sole   right  to  print  and   publisli   the  said   comjiosition,  the  sole  right 
also  to  act   ]ieifoi'm  or  represent  tlie  same,  ov  cause  it  to  be  acted,  per- 
formed  or  represented,  on   any   stage  or   public.  ])lace,  during  the  whole 
period  for  which  the  copy-right  is  obtained  ;  and  any  manager,  actor  or 
other  ])erson    acting,   perfoiining  or  re])resenting    the   saitl    com})osition, 
without  or  against  the  consent  of  the  said  author  or  propiietor,  liis  heirs, 
Damageaforylo- or  assigns,  shall  be  liable  for  damages,  to  be  sued   for  and   recovered  by 
^^^'^on.  action  on  the  case  or  other  equivalent  remedy,  with  costs  of  suit,  in  any 

court  of  the  Confederate  States.     Sui-h   damages  in   all  cases  to  be  rated 
and  assessed  at  such  sum  not  less  than   one  hundred  dollars  for  the  first, 
and  fifty  dollars  for  every  'subsequent  ])eiformance.  as  to  the  court  having 
Prior  rights  1 0  cognizance  thereof  shall   ajijiear  to  be  just :   Provided,  nevertheless,   That 
pr'Jt<-'cted.  nothing  herein  enacted  shall  impair  any  right  to  act,  jterform  or  represent 

a  dramatic  composition  as  aforesaid,  whicli  right  may  have  been  acquired, 
or  shall  in  future  be  acquired  by  any  manager,  actor  or  other  person  pre- 
vious to  the  securing  of  the  copy-right  for  the  said  comjjosition,  or  to 
restrict  in  any  way  the  right  of  such  author  to  process  in  equity  in  any 
court  of  the  Confederate  States,  for  the  better  and  further  enforcement  of 
his  right. 
Person  sued, Ac,      Qp.c.  15.  If  any  person  or  persons  shall  be  sued  or  prosecuted  for  any 

i^"ruV'rn^d^g7v*e ''"^^^^'■'  ^^'^  *''■ ''''"--  <^""^  ""''^''"  ^'"  ^0'  ^''''^"^  ^^  ^^"''^  ^''^^  ^'^  ^'"  ^^^'^y  "^^y 

special  ma  ter  in  plead  the  general  issue,  and  give  the  special  matter  in  evidence, 
evidence.  Sec.  16.  If  any  person  or  persons  from  and  after  the  passing  of  this  act, 

l>atT.m  of    j^"  ^  ^^'^''  I'"" ^  *^'"  P"^'''""'^  ■''''•■'   l^ook,  map,  chart,  musical  com])Osition,  print, 
tended  copy i-ight.   cut  or  engraving,  not  having  legally  acquired  the  copy-iight  thereof,  and 
shall  insert  or  impress  that  the  same  hath  been  entered  according  to  act 
of  Congress,  or  words  purporting  the  same,  every  person  so  offending  shall 


TROVISIONAL  CONGRESS.     Sess.  II.     Cn.  G6,  G7.     1861.  161 

forfeit  and  pay  one  hundred  dollars;  one  moiety  thereof  to  th©  person 
who  shall  sue  for  the  same,  and  the  other  to  the  use  of  the  Confederate 
States  ;  to  be  recovered  by  action  of  debt  in  any  court  of  record  having 
coarnizance  tliereof. 

Skc.  17,  No  action  or  prosecution  shall  be  maintained  in  any  case  of    Limitatica   of 
foa-fciture  or  penalty  under  this  act,  unless  the  same  hhall  have  been  com-  ao.ions. 
menced  within  two  years  after  the  cause  of  action  shall  have  arisen. 

Sec.  18.  Jic    it  further   enacted,  That  all  the  rights  and  privileges     Privileges  of  this 

allowed  bv  this  act  to  authors,  composers  and  desioners,  citizens  of  the**'',  extended   to 
^.      rt   ,       ■      o.  1  1  1        1    '       ,       1    1  .  "Ti  1  foreigners  on  oer- 

Confederate  States,  be  and  are  hereby  extended  to  authors,  composers  and  tain  concUiions 

designers,  citizens  or  subjects  of  any  foreign  State  or  power,  by  whose 
laws  like  rights  and  privileges  are  granted  to  the  citizens  of  this  Confede- 
racy, on  the  following  conditions,  viz. :'  First,  that,  copy-rights  shall  bo 
applied  for  in  this  Confederacy  within  four  months  from  the  time  of  tlie 
publication  of  the  original  in  the  foreign  State  to  which  the  a]>plit;ant 
owes  allegiance.  Second,  that  the  actual  and  6ona  /?f/c  publication  of  the 
book  or  other  thing  for  which  copy-right  is  sought,  shall  be  commenced 
within  the  limits  of  this  Confederacy  within  si.>c  inonlhs  from  the  date  of 
the  ffrantiiif  of  such  copv-rio-hts.     On  failure  to  comply  witli  either   of    On  failure  to 

,1  I-"'-  II   .1         •    1  1         •    -1  ix      1  ■         i     ii  -1  t  coin  ply   with   c  ir.- 

these  conditions,  all  the  rights  and  privileges  attaclung  to  the  copy-i'ight  ji(jj„^_pj.j^,jlgg^.t^ 
granted,  shall  cease  and  be  of  no  oii'ect.  cease. 

Skc.  19.  Be  it  further  enacted,  That   all  ro])rints  or  publications   of     Rcpvinta  or  prh- 

11  1       /  •      1         1      ^i  -i-  J    1      ■  I'  \  •    \  ligations     prohibi- 

books,  maps,  charts,  inusical  and  other  compositions  and  designs,  tor  winch  ted  from  sale iu  ifce 

copy-rights  may  be  granted  under  the  provisions  of  the  foregoing  section,  c.  S. 

made  or  had  in  any  State  or  country,  denying  the  privilege  of  (;op3--right 

to  the  author,  composer  or  designer  thereof,  shall  not  be  introduced  for 

sale  into  the  Confederate   States  ;  and   any  person  introducing  or  selling 

Buch  reprints,  shall  be  liable  to  all  the  penalties  herein  before  prescribed     Tenalfy. 

for  a  violation  of  topy-rights. 

Sec.  20.  Be  it  Jurther  enacted,  That  this  act  lake  eficct  and  be  in     Commoncemont 
force  from  and  after  its  passage.  *^    '^"^^ 

Api'uoved  Mav  21,  1861. 


Cn.VP.   LXVI. — -1/1  Act  nHsignin;/  the  jwlf/f,  diHtrtct  attorney  and  marshal  /or  thf  district      May  21,  1S61, 
of  TtxaSy'to  the  Eastern  dintrict  of  said  Htutc.  ~  ' 

The  Cowiress  of   the    Confederate  States  of  America  do  enact.  That    .Tho  i'-'^Z^  <^'^- 
the  district  judge,  heretofore  denominated  the  district  judge  for  the  distnct^,^^j,lj,^j   ^^^  ^j, '^ 
of  Texas,  be  hereafter  denominated  the  distiict  judge  for  the  Eastern  dis-(iistrict  of  Texas, 
trict  of  Texas;  and  that  the  district  attorney  heretofore  denominated  the  assigned    to  the 
district  attorney  for  the  district  of  Texas,  be  hereafter  denominated  the  ^.'^'- ^  "^^^.'^  "^"^ 
district  attorney  for  the  Eastern  district  of  Texas;  and  the  marshal  here- 
tofore denomiualed   the  marshal  for   the  disti'ict  of   Texas,  be   hereafter 
denominated  the  marshal  for  the  Eastern  district  of  Texas. 

Ari'UOVED  Mav  21,  1861. 


CnAI'.   liXVII. — -.111 -4c/  makinfj  (ipproprintion  to    defray    the   c^jnnscg  of  rcmovintj  the      May  21,  18C1. 
scat  of  government   to  Richmond,   Virginia.  • 


The  Confjre<^x  of  the  Confederate   States  of  America  do  enact,  That     Appropriation  to 

the  followincr  apiiropriation  is  made,  out  of  any  money  in  the  treasury  not  ^'^^'^^y  ^'^  espoo- 
,  .  ^     ^'     •    X    1    /■       z»  1-     i    1  i  1    /•       ..1  3Cij  of  removing 

Otherwise  a]»propriated,  for  the  object  hereaiter  expressed,  lor  the  vear 
11 


162  PROVISIONAL  CONGRESS.     Sess.  II.     Cii.  67.     1861. 

t^ic«3atof  govern- ending  eigliteentli  of  February,  eighteen  hundred  and  sixty-two :     For 
taent,  &c.  rent  of   executive  buildings  and  President's  house,  furniture,  expenses  ot 

packino-  books  and  records,  railroad  freight  on  fuiniture,  books  and  records 
of  ■  the°  government,  from  Montgomery  to  Richmond,  drayage  and  m- 
cidentalaud  contingent  expenses  attending  the  removal,  lorty  thousand 
dollars. 

Approved  May  21,  1861. 


PROVISIONAL  CONGRESS.  Sess.II.  Res.  1,2,3,4.   1861.  16S 

RESOLUTIONS. 


[No.  1.]     A  rrsohUion  of  thanks  to  Brigadier  Gcncr(d/G.  T.  Beauregard  and   the  army        Mav  4    ISfil. 
under  his  command,  for  their  conduct  in  the  affair  of  Fort  Sumter.  ■ '      '     '. 


G.  T.  Beauregard  and  the  officers,  military  and  naval,  undei- his  command,  S  Jo  'nKu.dT'and 
and  to  the  fiallant  troops  of  the  State  of  Soutli   Carolina,  for  the   skill,  to  the  troop's  of 
fortitude  and  courage  by  which  tliey  reduced  and  caused  tlie  surrender  of  ^^"^''  ^'aroHna. 
Fort  Sumter,  in  the  harbor  of  Cliarleston,  on  the  twelfth   and   tliirtoenth 
days  of  April,  eighteen  hundred  and  sixty-one.     And  the  commendation 
of  Congress  is  also  hereby  declared  of  the  generosity  manifested  by  their 
conduct  towards  a  brave  and  vanquislied   foe. 

Be  it  further  resolved,  Tliat  a  copy  of  this  resolution  be  communicated  Copy  oftliisrc!.o. 
by  the  Pi-esident  to  General  Beauregard,  and  through  him  to  the  army  ^"'''^"  '"  ^^°  *^""»- 
then  under  his  command.  municated  by  t:.e 

,  ,  1  resideut. 

Approved  May  4,  18G1. 


[No.  2.]     A  resolution  to  cj-tend  the  proiiaiom   of  a  resolution  apjjrovcd  March  4,  ISGl.        Mny  4,  Ifei. 


Resolved  hi/  the  Congress  of  the  Confederate  States  of  America,  Rsdntion  of 
That  the  resolution  passed  by  this  Congress,  and  approved  March  the  ^^  '"''''  4,  ]t>Gl.r«- 
fourth,  eighteen  hundred  and  sixty-one,  in" relation  to  patents  and  caveats  '"*'"°  '"  ]'<Uoi,t3, 
be  extended  to  citizens  of  all  the  "slaveholding  States.  '  cithens  ofVa' date 

Approved  May  4,  18Gl.  States. 


[No.  3.]     A   resolution   in  regard  to  military,  e,tpc..diturcs  made.  Inj  the  Slate  of  South      Mny  10,  ISCl. 

Carolina.  ' 


Resolved  hy  the  Congress  of  the  Covfederaie  Slates  of  America,  That     Cert„in  unlitary 
the  expenilitures  made  by  the  State  of  South   Carolina  for  the  pay  and  expi-'n.liturcs  m.-ido 
maintenance  of  the  troops  employed  in   the  defence  of  Charleston  bar- ^^f  £'"Judua"""d 
bor,  under  the  command  of  Brigadier  General  Beauregard,  were  intended  p.ii.L  ''     "'    *° 
to  be  provided  for  by  an  act  making  appropriations" ixjr   the  support  of 
three    thousand    men,  for  twelve   months,   to   be   called   into  service   at 
Charleston,  South  Carolina,  under  the  third  and   fouith  sections  of  an  act 
of  the  Congress,  to  raise  provisional  forces  for  the  Confederate  States  of 
America,  and  for  other  purposes;  and  that  the  amount  of  such  expendi- 
tures be  audited  by  llie  proper  officer  of  Ihe  Treasury  Department,  and 
that  the  ainount  which  shall  be  found  due  be  pai.l  to  (he  State  of  South 
Carolina,  from  the  appropriation  made  by  the  act  aforesaid. 

Ai'PRovKD  May  10,  18G1. 


[No.  4.]     A  resolution  in  relation  to  marine  hosjntals.  M'T  Ifi.  IP^I. 


Resolved  hi/  the  Congress  of  the  Confederate  States  of  Ame.rira   That     ^^P^"ss  of  ma- 
the  expenses  of  the  murine  hospitals  in  the  Confederate  States  bo  limited  [^IJ'^'^^^i^"^!'*'''^''- 


I6i  PRO  VISIONAL  CONGRESS.    Sess.  II.    Res.  5,  6,  7,  8.    1861. 


Secretary  of  the  to  tlie  amoiiuts  received  for  their  .«iipport ;  ai)d  that  the  Secretary  of  the 
Treasury  may  Treasury  be  authorized  to  place  any  of  such  hospitals,  as  may  be  practica- 
Sie"cbar^r  of  any '^'^' ""^^"*^''  ^^^^  charge  of  any  corporate  or  State  authority  which  will 
corpor.-ite^  or  Statu  undertake  to  keep  open  the  same  as  a  hospital  for  the  sick,  and  to  receive 
authority.  therein  such  seamen  as  the  funds  allowed  by  law  for  their  support  will 

enable  them  to  provide  for. 
AprnovED  May  16,  18G1. 


May  17,  1861.       [No.  5.]    A  raolulion  i7\  relation  to  imports  from  the  States  of  Virginia,  North  Carolina, 
Tcnnesecc  and  Arkansas. 

Imports  from  cer-  Rc&olved,  That  all  imports  from  the  States  of  Virginia,  North  Carolina, 
Tennessee  and  Arkansas,  be  exempted  from  the  payment  of  duties;  and 
that  this  exemption  extend  to  imports  from  the  said  Sttitcs,  now  in  warc- 
liouse. 

Approved  May  17,  18G1. 


tain    St&tes    e  x 
'•inptcd    from    du 


May  21,  1861.  [No.  6.]     A  resolution  in  relation  to  ccrtai7t  acccvnte. 


PttymcKt  out  of  Resolved  hij  the  CungresR  of  the  Confederate.  States  of  America,  That 
XkXiTelndlur^^^*^  Secretary  of  the  Ti-easury  be  authorized  to  pay,  out  of  the  contingent 
nituro  for  the  ex- fiind  of  the  Treasury  Department,  all  accounts  contracted  for  >vork  dono 
♦icuiive  offieo  and  or  furniture  provided  for  the  use  of  the  executive  office,  or  in  the  executive 
buildings.  buildings,  not  properly  chargeable  to  the  contingent  fund  of  either  of  tho 

other  departments. 

Appkoved  May  21,  18C1. 


May  21,  ISCl.       [No.  7.]     A  resolution   rrscindirtn  a  resolution  jii'oriding  for  a   digest  of  laws,  ajyprovcd 
'■ March  tii-.cl  ih,  eighteen  hundred  and  sixty-one. 

Eesolution  of      1.  Resolved  by  the  Congress  of  the  Confederate  Stales  of  America,  That 
Blarca    12,   1861.  j]jg  PggQ]^,^]^^  ^ppcQ^g^j  March   twelfth,  eiffhteen  hundred  and  sixty-one, 

»v*»  viQin  cf  tor  9u  Qi"  •    t  .  '       ~  •/  ' 

gest  of  lawt    rc-P'"<^'^''<-^'^''s?  ^^^  ^  digest  of  laAvs  be,  and  the  same  is  hereby,  rescinded. 
Boinded.  2.  Resolved,  That  W.   P.   Chilton  and  John  Hemphill,  committee  of 

Allowance  to  tijjg  Congress  appointed  under  the  resolution  rescinded,  be  allowed  eight 

members    of    the  i    ,,  ''      i       V       »i     •       i..        i  ■^  -^^        j      •        ^\  e 

oommittee  un  der  "*^"^''^  P^^  '•''^.V  "-""  tlicir  attenfiance  as  said  committee  during  the  recess  of 
eaid  resolution.  Congress,  to  be  ascertained  and  paid  as  the  per  diem  of  members  of  Con- 
gress in  session. 
Committee  to  3.  Resolved,  That  the  committee  aforesaid  be  and  they  are  hereby 
deposit  the  digest,  required  to  deposit  in  the  office  of  the  Attorney  Ceneral  the  digest,  so  far 
niatenals,  <tc.,  in  ^^  jj  j^^jg  proo;iessed,  with  tho  materials  collected  by  them,  with  a  state- 
attorney  generals  .  ^  '^  ^  i  ,.  "^  , 
office.                     ment  or  report  explanatory  thereof.  ' 

Approved  May  21,  1861. 


May  21,  1801.  [No.  8.]     A  ■resolution  in  regard  to  the  clericul  department  of  Congress. 

Feoretaryof  Con-      Resolved  by  the    Congress  of  the   Confederate  States  of  Aynerica,  That 
eraphiT^addhtoDal  ^^'^  secretary  of  the  Congress  be  authorized  to  employ  such  additional  cleii- 
clc.-icid  ftacc.         f-«d  force  as  may  be  necessary  to  dispatch  the  business  of  his  office  during 
the  remainder  of  the  session,  at  si.x  dollars  per  day  each. 

Approved  May  21, 18G1. 


PEOVISIONAL  CONGRESS.  Sess.IL  Res.  9, 10, 11, 12.  1861.  165 

[Xo.  9.]     A  reauluiion  to  jir ovale  for  the  removal  of  the  seat  of  government.  May  21,  18(51. 

Resolved  by  the  Congress  of  the   Confederate  States  of  America,  That     Removal  of  the 
tins  Longress  will  adjourn  on  luesuay  next,  to  meet  again  on  the  twen-  " 

tieth  clay  of  July,  at  Kichmoud,  Virginia ;  and  that  a  committee  of  three 
members  of  tliis  Congress  be  appointed  to  make  suitable  arrangements  for 
the  accommodation  of  this  Congress,  and  of  the  several  executive  depart- 
ments. 

Resolved,  further,  That  the  President  be  and  he  is  hereby  authorized  to 
cause  the  several  executive  departments,  with  the  archives  thereof,  to  be 
removed  at  such  time  between  this  and  the  twentieth  day  of  July  next,  as 
he  may  determine,  to  Richmond  :  Provided,  hoicevcr.  That  in  case  of  any 
public  emergency  which  may,  in  the  judgment  of  the  President,  vender  it 
impolitic  to  meet  in  Richmond,  the  I'resident  shall  have  power  by  procla- 
mation to  call  the  Congress  together  at  some  other  convenient  place  to  bo 
selected  by  him. 

Approved  May  21,  18G1. 


[No,  10.]     A  rcHohdion  in  rrfercnre  to  printhig  the  tariff  act,   and    other  documents  con-      May  21,  ] SRI. 

ceted  therewith.  — — 

Resolved,  That  five  hundred  copies  of  tlic  taiilT  act  be  printed  for  the     Certain  nnmbor 
use  of  Congress,  and  also  five  hundred  copies  of  a  comparative  statement,    .STP'^f  '^'  ,f 

PI  c    1  1      TT    •      -1    n  •  y.      n      •    1  1        i      1  tariff   )ict,    aKO  of 

ot  tjie  rates  ot  duty  under  the  United  States  tarilf  or    eighteen   hundred  the    com)  nradvo 

and   fifty-seven,  the  Confederate  States  farift'   just  establijihed,  and   the  statements  of  du- 

United  States  tariff  now  in  force,  be  printed  under  the  authority  of   the  '*"  "°*^,«''  <^?'"'"\'» 
o         i  <•  ,1      rii  '■  "^  acts,  to  be  printed. 

Secretary  oi  the  Ireasury. 

ArrROVKD  May  21,  iSGl. 


[No.  n.]     A  rcKolution  regxdating  the  2^<^y^cnt  of  unadjuitcd  accounts.  May  21,  1861. 


Resolved  hi/  the  Congress  of  the  Confederate  States  of  America,  That    Accounts  againi>'. 
anv  account  against  the  Congress  left  unadjusted  at  tliis  session   by  the f,''"^^^*'^'*^^^^*''* 
committee  on  accounts,  shall  be  paid  out  of  the  contingent  fund,  it    found  gent  fund. 
to  be  just,  by  the  first  auditor  of  the  treasuiy  afftl  the  secretary  of   Con- 
gress, and  on  their  joint  certificates;  ffwrf,  and  the  Secretaiy  be  required 
to  submit  a  detailed  statement  thereof  to  the  Congress,  at  its  next  session.     Statement  thcr^- 

1  ■»!       .-.I     -i.T/i-i  of,  by  secretary,  t(> 

Approved  May  21,  1861.  Congress. 


[No.  12]     A  resolution  to  confer  certain  poicers  on  the  Secretary/  of  the  Treasuiy.  May  21,  18C1. 

w  

Resolved  hy  the  Congress  of  the  Confederate  States  of  America.,  That     Secretary  of 
the  Socretarv  of   the  Treasury  take  measures  for  selling  the  unexpired  !^'*'"°"'"^' .^",  f®^^ 

^  J  o  I  tilt* uncxpiroci  Ic&so 

lease  of  the  President's  house  and  of  the  buildings  used  for  the  depart-  of  the  Presirlont's 

ments,  or  for  being  releived  from   any  portion  of   the  rent,  as  soon   as  the'ioi'se  and    build- 

eeat  of  government  shall  have  been  removed  ;  and  that  he  cause  all  furni-'"S*  ""'^'^  /""■.  ^^^ 
.  ',  *    1  J     I  1  J  departments",  & : 

turc  no  longer  wanted  to  be  sold. 

Approved  May  21,  1861. 


166  PROVISIONAL  CONGRESS.     Sess.  II.    Ch.  1.     1861. 


PRIVATE  ACT  OF  THE  PROVISIONAL  CONGRESS 


OF    THE 


CONFEDERATE    STATES 


Passed  nt  the  second  session  of  the  Provisional  Congress,  vhicli  was  begun 
and  held  at  the  city  of  Montgomery ,  on  Monday,  the  twenty-ninth  day 
of  April,  1861,  and  ended  on  the  txcenty-first  day  of  May,  18G1. 

Jefferson  Davis,  President.  Alexander  H.  Stephens,  Vice-Presi- 
dent of  the  Confederate  States.  Howell  Cobb,  President  of  the 
Cono-ress. 


»f,_  21    1861  Chap.  I. — An  Act  to  make  temporary  disposition  of  certain  railroad  iron. 


Preamble.  WiiEREAS,  In  furtherance  of  a  contract  between  Thomas  C.  Bates,  an 

alien  enemy  residing  in  the  State  of  New  York,  and   the   Memphis, 
El   Paso  and   Pacific  railroad  company,  a  large  quantity  of  railroad 
iron  is  on  deposit  at  New  Orleans   and   on   the   Mississippi,  and  Red 
rivers,  intended  by  said  contract  for  said  road,  and  said  alien  being 
now  incapable  of  carrying  on  his  contract — 
Disposition     of      The  Congress  of  the  Confederate    States  of  America  do  enact,  That 
certain  railroad  gaid  Memphis,  El  Paso  and  Pacific  railroad  company  be  and  is  hereby 
"^°°'  authorized  to  take   possession  of  said   iron   upon   payment  of  duty  and 

lawful  charges,  if  any,  and  lay  the  same  on  their  road,  upon  giving  bond 
to  the  Secretary  of  the   Treasury,  to  respond   for  the  payment  of  said 
iron,  as  Congress  may  hereafter  direct,  the  ultimate  rights  of  all  per- 
sons being  hereby  reserved  until  such  legislation. 
Approved  May  21,  18G1. 


PUBLIC  ACTS  OF  THE  PROVISIONAL  CONGPiESS 


CONFEDERATE     STATES 


Passed  at  thr  third  session  of  the  Provisional  Congress^  ichick  vas  hegwi 
and  held,  at  the  citij  of  Richmond,  on  Saturda.^,  the  twentieth  day  of 
Jidy,  1861,  and  ended  on  the  thirty-first  day  of  August,  1861. 

Jefferson  Davis,  President.  .Vlexander  IT.  Stephens,  Yicc-Prcsi- 
dent  of  the  Confederate  States.  Howell  Cobb,  President  of  the 
Congress. 


STATUTE     III. 

Chap.  I. — An  act  to  authorize  the'  appointment  of  a'jcnts  to  sign  treasury  notes.  July  24   1361. 


7 he  Congress  of  the  Confederate  States  [^of  America']  do  enact,  That     Officers  to  be  .-j^^- 
tlie  Secretary  of  the  Treasury  is  authorized  to  appoint  officers  to  assist  tlie  pointed,  to  afsi-.t 
register  and  treasurer  in  preparing  and  signing  such  treasury  notes  as  are!"  ^^'S>"iig,  Ac 
aheady  authorized,  or  may  hereafter  be  authorized  by  act  of   Congress ; 
and  the  signature  of  any  sucli  officer  in  behalf  of  the  register  or  of  tho 
treasurer,  shall  be  as  eft'ectual  to  all  intents  and  purposes,  us  if  the  samo 
had  been  made  by  the  register  or  the  treasurer  in  person. 

Approved,  July  2-t,  18C1. 


Chap.  IT.— .'Iji  act  relating  to  the  pre-pai/mcnt   of  postage  in  c-^rtain  cases.  July  29,  1861. 


TJie  Congress  of  the  Confederate   States  of  America  do  enact,  That     Mail  matter  may 
.ill  letters  and  other  matter  authorized  by  law  to  be  transmitted  through  ^Z;^"^/  \l  era.'.  r», 
the  mails,  written  or  sent  by  any  oracer,  musician  or  private  ot  the  army,  without  pre-paj- 
engaged  in  the  actual  service  of   the   Confederate  States,  may   be  trans-  meut  of  postage 
mitted  through  the  mails  to  any  other  place  in  the  Confederate  States, 
without  pre-payment  of  postage,  but  leaving  such  postage  to  be  collected 
upon  the  delivery  of  -such  letters  or  other  matter  :     Provided.,  nevertheless, 
That  in  all  such  cases,  the  letters  and  other  mail  matter  so  sent  shall  be 
endorsed  with  the  name,  and  shall  be  on  account  of  the  individual   send-     How  to  bo  «»- 
ing  the  same,  and  shall  contain  a  description  of  the  party  who  sends  the  ^^orsed. 
fiame,  by  endorsement  of  liis  military  title,  if   an  ''ofHcer,  or  of   the  com- 
pany and  regiment  to  which  he  belongs,  if  a  musician  or  private. 

Sec.  2.  That  letters  and  other  mail  matter  sent  to  any  officer,  nnisician     Forwarding    of 
or  private  in  the  Confederate  States  army,  at  any  point  from  which  the^*''^"^'  <to.  in  cwa 


168  PROVISIONAL  CONGRESS.     Sess.  III.     Ch.  3, 4.     18G1. 

of  rriBova',  free  of  said  officer,  musician  or  private  may  have  been  lawfully  removed,  shall  be 
additional  postage.  fQj.^,.,jj.^jp^  ^Q  ^|jg  pergon  to  ■vvhoin  directed,  at  the  post-ofilce  nearest  which 
he  may  have  been  removed,  free  of  additional  postage. 
Pre-p.iyinent  of  8ec.  3.  That  on  letters  transmitted  by  a  member  of  Congress,  with  hia 
poFtage  E' treq!iir-pf|-j(.jri]  signature  endorsed  on  the  same,  pre-payment  of  postage  shall  not 
by  *members^^of '^^  ^'^4"'''^^» '■^"^  ^"^  same  may  be  paid  on  delivery  of  the  letters  thi^a 
Congress.  transmitted. 

Penalty  for  vii-      Sec.  4.  Any  person  attempting  to  violate  the  provisions  of  this  act 
latiug  r.iii9  act.       shall  be  guilty  of  a  misdemeanor,  and  shall  forfeit  and   pay  the   sum  of 
twenty  dollars,  to  be  recovered  before   any  justice  of   the  peace  having 
cognizance  thereof. 

ArrROVED  July  29,  18G1. 


'uly  SI,  1861.       CnAT.   III. — An  act  further  io  amend  an   act   entitled  "An   art  to  entahlink  the  judicial 
courts    of    the   Confederate   Staicn    of    America." 


Repeal  of  fio  J'he  Concjress  of  the  Confederate  States  of  America  do  enact,  That 
^i'°''i°fr*^itr'f  ^  u^so  much  of  thc  act.  approved-  March  sixteen,  eighteen  hundred  and  sixty- 
fil,  as  directs  the  one,  entitled  "An  act  to  establish  tlie  juauial  courts  oi  the  Loniederato 
holdingofascssion  States  of  America,"  as  directs  the  holding  of  a  session  of  the  supreme 
of  t!io  t-uprcme^Q^jj.j.  ^^   ^]^g   Confederate  States  in  January  next,  be,  and   the  same  is 

r.ourt,  la  January,,         ,  ,    ,  ,  .  „  ^,  -  ^     i     n    i      i     i  i        .m 

Ijf,2.  hereby  repealed ;  and  no  session  oi  tiie  supreme  court  shall   be  held  untu 

Wben  the  court  that  court  shall  be  organized  under  the  provisions  of  the  permanent  Con- 

to  bo  IieM.  stitution  of   the   Confederate   States,  and   the  laws  passed  in  pursuance 

thereof. 

Writs  of  c.Tor      Sec.  2.  All  writs  of  error  and  appeals  taken   or  prosecuted   from   the 

R  n  d  appeal  from  (Ji^ti-jot  courts  of  the  Confederate  States,  prior  to  the  organization  of   the 

fore  or-'anir'ation  ^"P^^mo  court,  under  the  permanent  Constitution,  shall   be  made  returna- 

of  Bupreme  court,  ble  Oil  the  second  Monday  of  the  first  term  to  be  held  by  the  supreme 

when  returnable,    court,  after  its  establishment  under  the  permanent  Constitution. 

By  wbom  and      Sec.  3.  If  shall  be  lawful  for  the  clerks  of  the  several  district  courts  to 

how  isawad.  issue  Avrits  of  eiror  under  the  seal  of  said  district  courts,  returnable  to  the 

supreme  court,  in  the  same  manner,  as  nearly  as  may  be,  as  the  clerk  of 

the  supreme  court  may,  by  law,  issue  such  writs,  and  with  the  same  force 

and  eficct  as  if  issued  by  said  cleik  of  the  supreme  court. 

Jurisdiction    o  f      [Sec.  4.]  The  jurisdiction  of  the  district  courts  of  the  Confederate  States, 

district  courts  »>"- <,]i;^ii  extend  to  all  cases  in  law  or  equity  arising  under  the  revenue  laws  of 

der    t  h  o    revenue  .  j       .'  ^  o 

laws,  the  Confederate  States,  for  whi(  h  other  provisions  are  not  already  mado 

by  law ;  and,  if  any  person  shall  receive  any  injuiy  to  his  person  or  pio- 

perty,  for,  or  on  account  of  any  act  by  him  done,  under  any  law  of   the 

Confederate  States,  for  the  protection  or  collection  of  the  revenue,  ho 

shall  be  entitled  to  maintain  suit  for  damage  therefor,  in  the  district  court 

of  the  Confederate  States,  under  whose  jurisdiction  the  party  doing  the 

injury  may  reside. 

Ari'T!OVFD  July  31,  1801. 


Auguat    1,  1861.    Chap.  IV. — An  act  relative  to   money  deposited  in    thc    regiiirics  and   receivers  of  ihn 
— — — court-i. 


Moncya  hcrct^-      ^ke   Congress  of    the   Cor)fcde)-aie  States  of  America  do  enact,  That 


fore  paid  into  thc 


rcgistrieB  and  re-  ^^^  moneys  heretofore  paid  into  the  registries  and  receivers  of  the  several 
oeivors  of  thccourts  of  the  United  States, formerly  existing  in  these  Confederate  StatC3, 


PROVISIONAL  CONGRESS.    Sess.  III.    Ch.   5,6.     1861.  169 

shall  be  deposited  in  the  treasury  of  the  Confederate  States;  and  it  shall  court?,  to  be  with- 
be  the  duty  of  the   iuda-es  of  the  several  courts  of  the  Confederate  States,  drawn  and  deposf- 

1       .•..,.    •'.     ^  xi        T  1     £■    I  -J  e  «,    i.^  ted  in  the  treasury, 

now  havino;  jurisdiction  over  the  disposal  ot  the  said  sums  ot   money,  to  ■' 

withdraw  tiie  same  from  the  registries  and  receivers  of  the  courts,  and  pay 

the  amount  thereof  to  the  Secretary  of  the  Treasuiy. 

Sec.  2.   It  .shall  be  the  duty  of  the  Secretary  of  "the  Tre.tsury  to  issue,     Secretary  of  the 

in  lieu  of  the  amounts  of  money  paid  to  him  as  aforesaid,  an  equal  amount  i,Jnda"'in   Heu^^of 

in  bonds  of  these  Confederate  States,  bearing  interest  at  five  per  centum  the  moneys  with- 

per  annum,  divided  into  such  sums  as  shall  be   required  by  the  judges  drawn. 

making  the  payment;  the  capital  and  interest  of  said   bonds  being  made 

payable  only  wlien  pavmcT5t  thereof  shall  be  ordered  by  a  decree  of   the 

court  having  jurisdiction  over  the  disposal  thereof     Said  bonds  shall  be 

made  payable  to  the  order  of  the  judge  of   the   court  by  whom  the  pay-     When,    and    to 

nient  is  made  into  the  treasury,  and   of   his  successors  in   office;    and   it^^^"'"  'he Jionds 

,     .,  ,        .       1  n    ,       ,-,       •  /.    I       rr.  ,  1  i      ^made  payable, 

shall  be  the  duty  of  the  Secretary  of  the    Ireasury  to   make  payment  ot 

said  bonds  and  all  accruing  interest,  on  demand  and  presentation  thereof, 
accompanied  by  a  duly  certified  copy  of  the  order  of  court  directing  such 
payment. 

Sec.  3.  That  all  sums  of  money  deposited  in  ihc  registries  and  receiv-  Alonoys  hcreaf- 
ers  of  the  several  courts  of  these  Confederate  States,  or'that  may  hereafter  *'''".  '|tP"S'ted,  re- 
,  ,  •      1      1     11    •.•  •    •  1-  1     r  J      •  •  4.^      c         niiiining  undispos- 

bc  SO  deposited,  shall,  it  rcmainmg  undisposed  ot  during  six  montlis  trom  ^>j  ^f^  ^^  ^^  uj^p. 

the  date  of  the  deposite,  be  transferred  in  like  manner  as  is  above   pro- wise  transferred, 
vided,  to  the  treasury  of  the  Confederate  States,  and  be  replaced  by  bonds  *<^- 
to  be  issued  in  like  manner,  and  payable  on  the  like  terms  and  conditions, 
in  all  respects,  as  provided  in  the  second  section  of  this  act. 
Approved  August  1,  18(51. 


Cn.\p.  V. — An  act  to  c  uthon'zr  the  dlsfrihution  of  ihc  proreedn  ftf  (he  sal-:   of  the  A.  II.     j\u,»Qst  \    ]SG1. 
Thompson,   condemned  as  a  jrizc.  " 


The  Congi'css  of  the  Confederate    States  of  Amenca   do  enaet,  That     Proceeds  of  tho 
the  proceeds  of  the  sale  of  the  ship  A.  B.  Thompson,  taken  by  the  Con-^'^^e  "^  ^^'^  ^^^'P  -*• 
federate  States  ship  of  war,  the  Lady  Davis,  and   condemned   as  a  prize,  dp,„n"ras Trrizc 
under  a  decree  of  the  Confederate  States  court,  for  tho  district  of  South  to  be  distributed. 
.Carolina,  when  paid  into  the  treasury,  shall  be  distributed  by  the  Secretary 
of  the  Navy,  according  to  the  provisions  of  the  act  of  the  United   States 
of  April  twenty-third,  eighteen  hundred,  entitled    "  An  act  for  the  better 
government  of  the  navy  of  tlie  United  States,"  and  made  of   force  by  an 
act  of  the  Congress  of  the  Confederate  States,  of  February  ninth,  eighteen 
hundred  and  sixty-one,  entitled  "  An  act  to  continue  in  force  certain  laws 
of  the  United  States  of  America,"    rating  captain  Elliott  and  his  detach- 
ment— declared  joint  captors  by  the  said  decree — as  marines,  according 
to  their  respective  ranks. 

Appkovkd  August  1,  1861. 


CnAr.  VI. — An  art  to  amend  "An  act  to  estahlieh  tie  juliclal  courts  of  the  Confederate    August    1,  1801. 

Statcn  of  Amrrua."  

The  Coii(jress  of   the   Confederate  States  of  America,  do  enact,    That     Wileaso  allowed 
the  provision  in  the  thirty-first  section  of  the  "Act  to  establish  the  judicial  *^'^^'"'"* '^.^^""•^y'''- 
courts  of  the  Confederate  States  of    America,"  which   allows  mileage   to  ci  231  anup'.Sl. 
the  district  attorney,  shall  be  modified  to  read   as  follows,  namely:  "and 
when  there  are  two  or  more  divisions  in  the  di.strict  for  which  he  is  ap- 


170  PROVISIONAL  CONGRESS.     Sess.  III.    Ch.  7,8,  9.    1861. 

pointed,  lie  shall  be  allowed  mileage  at  the  rate  of  ten  cents  per  mile,  for 
going  to  and  returning  from  the  court  Avhic-h  is  most  distant  from  his 
place  of  residence;  to  be  computed  on  the  most  usual  line  of  travel." 
Approved  August  1,  1861. 


Angust  2,  1S61.    Chap.  VII. — An  act  to  7nake   provision  for  the  care   of  supplies  for   the  sick   and 
wounded.  « 


Secretary  of  War  The  Congrcss  of  the  Confederate  States  of  America  do  enact,  That 
to  appoint  clerk  to  tlie  Secretary  of  War  shall  forthwith  a])point  a  clerk  in  the  office  of  the 
distribute^ Vrti'Te's  Surgeon  General,  to  take  charge  of  all  hospital  su])plies  and  other  articles 
for  the  sick  and  which  may  be  contributed  forlhe  use  of  the  sick  and  wounded;  and  the 
wounded.  same  to  dispose  of,  according  to  the  wishes  of  the  contributors,  under  the 

Salary.  direction  of  the  medical  department  of  the  army;  the  salary  of  the  said 

clerk  not  to  exceed  one  thousand  dollars ;    and  the  said  clerk  shall  be 

Place  for  the  safe  authorized,  under  the  direction  of  the  Surgeon  General,  to  procure  and  fit 
keeping,  &c.,  of  the  up  a  proper  place  for  the  safe  keeping  and  proper  disposal  of  the  said 
"  ^^^^^'  articles. 

Approved  Augunt  2,  1861. 


August  2,  1861.    Chap.  VIII. — An  act  to  provide  for  an  additional  field  officer   to   volunteer   hatfalions, 
and  for  the  ojypointuient  of  assistant    adjutants  ycneral  fur  the  provisional  forces. 

Act  18G1,  March      Be  it  enacted   by  the  Conpress  of  the    Confederate    States   of  America , 

6  .  ch.  26  , 1  8,  p.  'Yi^^i  tijQ  eio-hth  section  of  the  act  of   March  sixteenth,  eighteen  hundred 

and  sixty-one,  "  to  provide  for  the  public  defence,"  be,  and   the  same  is 

Certoin  battalions  hereby,  so  far  amended   that  whenever  battalions  of  volunteers  in   the 

of  volunteers  al- gc-vice  of  the  Confederate  States  shall  consist  of  not  less  than  six  compa- 

fic^rs  ^"^^    ^     °  ■  jiiyg^  there  may  be  allowed,  in  the  discretion  of  the  President,  to  each 

Rank  of  ofEceis.  battalion  SO  constituted,  two  field  officers,  one  with  the  rank  of  lieutenant 

colonel  and  the  other  with  the  rank  of  major. 
Assistant   adju-      Sec.  2.  That  the  President  be,  and  ho  is  hereby,  authorized  to  appoint 
tants  general  may  ^^      ^j      volunteer  forces  in  the   Confederate  service,  as  many    assistant 

he    appointed     for  ,  ,  .  •  i  i       i     ii 

volunteer  forces. adjutants  general  as  the  service  may  require,  wliose  rank  shall  corrcs- 

Their   rank  and  pond  with   the   rank  of  the  assistant  adjutants  general  in  the  regular 
P"^'  army,  and  who  shall  receive  the  same  pay  and  allowances,  according  to 

their  respective  grades. 

Approved  August  2, 1861. 


August  2    18C1.    Chap.  IX. — An  Act  to  extend  the  provisions  of  an  act  entitled  "  An  act  to  prohibit  the  ex- 

— — jiortatinn  of  cotton  from   the    Confederate  States,   except   throuf/h  ihe  ae  ports  of  said 

Statf-H,  and  to  punish  persim   offending  therein,"   aj)proved  Maij  ticcnfy-one,  eighteen 
hundred  and  sixty-one. 

Act  of  1861,  May       The  Contjress  of  the  Confederate  States  of  America  do  enact,  That 
21,  ch.  55. prohibit-  +|^g  provisions  of  the  above  recited  act  be,  and  the  same  are  hereby  ex- 

ing  exportaiKij  of  ^  i-      i  i  i  •  r>       ^  • 

cotton,  except,  (fee,  tended,  and  made  applicable  to  the  exportation  oi  tobacco,  sugar,  rice, 
extended  to  other  molasses,  syrup  and  naval  stores,  from  the  Confederate  States,  from  and 

articles.  ^f^^^  ^j^^  ^g^^^j^  ^^^  ^^£.  ^^^gugt  ^ext. 

Approved  iVugust  2,  1861. 


PROVISIONAL  CONGRESS.  Sess.  III.  Ch.  10,  11,  12.-  1861.  171 

Chap.  X. — An  Act  to  am<vd  nn  net  entitted  "An  act  to  make  further  provisions  for  the      August  3,  1861. 
jiubiic  defence,"  a})proved  eleventh  May  one  ihousand  eight  hundred  and  sixty-one ;  and 
to  amend  an  act  entided  "  An  act  to  increase  the  miiitary  establishment  of  the  Confede- 
rate St'tes;  '  and  to  atnend  the  "Act  for  the  establishment  and  organization  of  the  army 
of  the  Confederate  Mates  of  America." 


the  third  section  of  the  act  entitled  "An  act  to  make  furthei-  provision  ^^|"''^'°!^* 
for  the  public   defence,"   approved   eleventh   May,  one   thousand   eight  g^  o  3  p 


The  Congress  of  the    Confederate  States  of  America  do  enact,  That     Amendment     of 
---  -  ---.  •  .-.  ..       certain  acts — 

lav  11,  ch. 
?  3,  p.  i06. 
hundred   and  sixty-one,  be  amended  by  striking  out  of  said  section  the  1861,  May  16,  ch. 
words,   "  detailed  from  the  regular  army;"  and  further,  that  the  ninth  ^2,  §9,  p.  115. 
section  of  the  act  entitled  "An  act  to  increase  the  military  establish- 
ment of  the  Confederate  States,"  and  to  amend  the  "Act  for  the  estab- 
lishment and   organization  of  the   army  of   the   Confederate  States  of 
America,"   approved  sixteenth   IMay,  one  thousand  eight  hundred  and 
sixty-one,  he  ajneuded,  by  adding  thereto  the  following  clause:  "and 
that  the   President  may,   in  his  discretion,  upon   the   application   and     President     may 
recommendation  of  a  u)ajor  general,  or  brigadier  general,  appoint  from  "PPP'"* "'^'^'^"^  "^^ 
civil  life  persons  to  the  staff  of  such  officer,  who  shall  have  the  same  ^j^j^j^  ^^^pay^ 
rank  and  pay  as  if  appointed  from  the  army  oi  the  Confederate  States." 

Approved  Auo-ust  o,  1861. 


Chap.  XI. — An  Act  to  amend  an  act  in  relation  to  the  issue  of  treasury  notes.  August  3,  1861. 

Whereas,  By  an  act  of  Congress,  approved  the  ninth  March,  one  Preamble, 
thou.sand  eight  hundred  and  sixty-one,  the  Secretary  of  the  Treasury 
is  authorized  to  issue  certain  treasury  notes  in  lieu  of  a  first  issue  of 
such  notes;  and  it  is  provided  that  the  whole  issue  shall  at  no  time 
exceed  one  million  of  dollars  ;  and  it  is  deemed  advisable  now  to 
remove  the  restriction  :  [Therefore] — 
The   Congress  of  the   Confederate    States  of  America  do  enact,  That     Treasury    notes 

the  other  treasury  notes  authorized  to  be  issued  by  the  Secretary  of  the  ^"'^"/'^-^^^  \Z  *^® 

m  3       xi  •   •  p  xi  -J       i  1      •  111-  ,  act  of  1861,  March 

ireasury,  under  the  provisions  oi  the  said  act,  may  be  issued  by  him  at  g    ^i^    33^  p    55^ 

any  time,  with   the  approbation  of  the  President,  either  before  or  after  may  be  issued  at 

the  calling  in  of_  the  first  notes  :  Provided,  That  the  whole   issue  out- a°y  *i™S'     • 

standing  at  any  one  time  shall  not  exceed  two  millions  of  dollars. 

Approved  August  3,  1801.'^ 


Chap.  XTI. — An  Act  to  amend  "An  act  to  provide  rcienvc  from  eommodiliea  imported      August  3,  ISRl, 
from  foreign  countries,"   approved  May  twenty-one,   one  thousand  eight  hundred  and 
sixty-one. 

The  Congress  of  the  Confederate   States  of  America   do   enact,  That     Amendment    of 
the  following  alterations  and  amendments  be   and  the  same  are  hereby  *^®'"^'i''*j^]^^y  ^^'» 
made  to  the  "Act  to  provide  revenue  from  commodities  imported   from  ^.j^^' revenue Vrom 
foreign  countries,"  approved   May  twenty-one,  one  thousand  eight  hun- imports, 
dred  and  sixty-one,  to-wit :  That  the  words   "  carbonate  of  soda,"   and 
the  words   "  paving  and  roofing  tiles  and  bricks,  and  roofing  slates  and 
fire   bricks,"  in   schedule  C  of  said   act,  be  and   the  same  are  hereby 
stricken  out  of  and   repealed  in  said  schedule,  and  that  in  the  same 
schedule  C,  in  the  enumeration  of  the  various  kinds  of  iron,  after   the 
word  "slabs,"  the  words  "sheet  or  other  form,"  are  hereby  inserted  and 
made  part  of  said  schedule  :  and   in  schedule  1)  of  said  act,  the  terms 
"  lac  sulphur,"  and   "  sulphur,  flour  of,"  be,  and  the  same  are  hereby, 


172  PROVISIONAL  CONGRESS.     Sess.  III.     Ch.  13,  14.    1861. 

stricken  out  of  and  repealed  in  said  schedule.     And   the   terms   "  terra 
japonica  and  catechu"  are  hereby  transferred  from  schedule  D  to  schedule 
E,  they  being  considered  in  commerce  as  the  same  articles  of  merchan- 
dize as  cutch,  which  is  enumerated  in  schedule  E  of  said  act. 
Approved  August  3,  1861. 


August  3,  1861.    Chap.  XIII. — An  Ad  to  amend  an  act  entitled  "An  act  making  appropriations  for  the 
•       support  of  the  navy,  for  the  year  cndiur/  fourth  February,  eighteen  hundred  and  sixty- 
two." 

Actof  1861, March  TJie  Congrcaa  of  the  Confederate  States  of  America  do  e7iact,Thnt  the 
16,  ch.  So.^makingfjjjyijt],  jtp,,^  Qf  g^jj  j^^j  |^q  g^  amended  that  thirty  thousand  dollars  be 
tho  support  of  tbe^^^^^"''^^*^  ^'''^^'^  ^^^^  appropriation  of  fifty-four  thousand  three  hundred  and 
navy,  amended.      sixty-three  dollars  theiein  made  for  tlie  pay  of  officers  and  others  at  the 

Appropriation  for  navy  yard  at  I'ensaoola,  and  be  appiopriated  to  the  same  obiects  at  the 
the  pay  of  officers        /  •'       ,         Norfolk-  - 

and  others  at   the  "'^^y  y^™  ^^  ■'^"'^°"^- 

na^y  yard  at  Nor-       APPROVED  AuGfUSt  3,  1861 . 
folk.  '- 


August  5,  1861.    Chap.  XIV. — An  Act  to  provide  for  the  infe  custody,  printing,  puhli  cat' on  and  diatribu- 

tion  of  the  laws,  and  to  provide  for  the  appointment  of  an  additional  clerk  in  the  Dc- 

jiartment  of  Justice. 

Bills  and  resolu-       The   Conffvess  of   the   Confederate  States  of  America  do  enact.,  That 

tionsto  be  deposit-  all  bills  and  resolutions  passed  by  the  Congress  and  approved  and  signed 

of  Justker'^'"'^"*  ^>'  ^^^^  President,  or  which  may  otherwise  become  laws,  shall  be  deposited 

in  the  Department  of  Justice,  and  the  originals  carefully  preserved  in  said 

Department. 

Publication    of      '^E.c.  2.  It  shall  be  the  duty  of  the  attorney  general,  as  soon  as  conve- 

in  the  public  ga-  nieutly  may  be,  after  he  shall   receive  the  same,  to  select  from   the  laws, 

'"''■'®^*  orders  and  resolutions  passed  at  each  session,  such  as  may  be  of  a  public 

nature,  and  as  in  his  judgment,  require  early  publication,  and  cause  the 

same  to  be  inserted,  weekly,  for  one  month,  in  one  public  gazette  published 

at  the  seat  of  government  in  each  State,  and  shall  also  publish  all  the  laws 

in  two  gazettes  published  at  tho  capital  of  the  Confederate  States ;  and 

Compensation  ^''^  <^o'""P^"^'i^'^'c>n  for  this  publication  shall  not  exceed  one  dollar  and  a 

for  publishing.        half  per  page,  estimated  according  to  Little  and  Brown's  edition  of  the  • 

laws  of  the  United  States. 

Laws  and  reso-  '  Sec.  3.  It  shall  be  the  duty  of  the  attorne}'  general,  at  the  close  of  each 

lutionsand  treaties  session  of  Congress,  to  cause  all  the  laws  and  resolutions  having  tlie  force 

tho'^clore'' of  elct  ^^  ''^^^'''  '"^"'^  ''^"  ^''^''^'^^^'^  entered  into  by  the  Confederate  States,  "to  be  pub- 
session,  lished  under  the  supervision  of  the  superintendent  of  public  printing.  The 
Arrangement,      ^^ws  shall   be  arranged  in  the   order  of  their  date ;  shall   have  marginal 
notes  to  each  section ;  shall  be  fully  indexed  ;  snd  shall   be  publi'^hed  to 
Xumbcrof  copies,  t'he  number  of  three  thousand  co))ies,  in  a  style   equal   in  execution   and 
style,    paper    and  upon   paper  equal  in   quality  to  the  edition   of  the  laws  of  the  United 
binding.  States,  as  annually  published  by  Little  and   Brown  ;  they  shall  be  bound 
in  pamphlet,  in  a  style  not  inferior  to  that  in  which  the  laws  published  by 
Number  to  b  o  Little  and  Brown  are  bound  annually;  and  one  thousand  copies  thereof 
""'^                      shall  be  preserved  to  be  bound  in  calf,  in  a  solid  and  substantial  manner, 
as  often  as  the  number  of  pages  shall  be  sufficient  to  form  a  volume  of  not 
less  than  eight  hundred  nor  more  than  one  thousand   pages.     And  wlien- 
Index.  ever  the  volumes  are  thus  bound,  a  new  index  shall  be  made,  comprising 
the  contents  of  the  whole  volume  thus  bound. 

Sec.  4.  The  printing  of  the  laws,  as  required  by  the  foregoing  section, 


PROVISIONAL  CONGRESS.    Sess.  III.    Cii.  15,  16.    1861, 


173 


slinll  be  executed  by  the  public  printer;  the  binding  in  pamphlet  form     Printing  to  be 

and  in  volumes,  as  provided  in  the  foregoing  section,  shall  be  executed  by    "j"^,g^  y   P"     '° 

contract  to  be  entered  into  by  the  superintendent  of  public  piinting,  after     jHDding  to  be 

advertising  for  sealed  proposals;  and  the  paper  for  the  printing  of  the  executed  by  cou- 

laws  shall  be  furnislied  to  the  public  printer  by  the  superintendent  of  pub- ^"""tJ'*"     .  .      , 

,.  .     .         .  •  1     1       ;•         1  •  e    \  p  /•  1        Superintendent 

lie  jirinting,  in  accordance  with  the  loiirtli  section  oi  tiie  act  oi  rourteentn  ^f  public  printiug 

Miiy,  one  thousand  eight  hundred  and  sixty-one,  entitled   "An  act  further  to  furcish  prper. 

to  organize  the  bureau  of  superintendent  of  public  piinting. 

Sec.  5.  The  price  allowed  to  the  public  j^rinter  for  printing  the  laws,     Price  allowed 
under  the  provisions  of  this  act,  shall   be  the  following,  and  no  more,  to  P"^^'**  P'''°''^'^" 
■wit :  for  coini)osition,  plain,  seventy-five  cents  per  thousand  ems;  for  rule 
and  figure  work,  one  dollar  and  fifty  cents  per  thousand  ems;  for  press 
work,  octavo  forms,  of  sixteen  pages,  seventy-five  cents  per  token. 

Skc.  6.  The  laws,  when  bound  in  pamphlet  form,  sliall  be  distributed  Distribution, 
as  follows,  to  wit:  one  copy  to  each  member  of  the  Congress  for  the  time 
being  ;  twenty  copies  each  to  the  secretary  of  the  Senate  and  the  clerk  of 
the  House  of  ]{c])resentatives ;  one  copy  to  each  committee  of  the  two 
houses  of  Congress  ;  five  copies  each  to  (he  President  and  Vice  President ; 
two  hundred  copies  to  the  Department  of  State,  for  its  own  use,  and  for 
distribution  amongst  the  diplomatii;  and  consular  offii-ers  of  the  Confede- 
late  States  ;  two  hundred  copies  to  the  department  of  the  treasury,  for  its 
own  use,  and  for  distribution  amongst  the  revenue  officers  of  the  govern- 
ment ;  one  hundred  cojties  to  the  Department  of  Justice,  for  its  own  use, 
and  for  distribution  amongst  the  judges,  clerks,  marshals  and  attorneys  of 
the  ('onfederate  States  ;  fifty  copies  each  to  the  departments  of  war  and  tlie 
navy,  and  to  the  postmaster  general;  five  copies  ea('h  to  the  governors  of 
the  several  States,  for  the  use  of  the  States.  The  remaining  copies  shall 
be  preserved  in  the  Department  of  Justice,  subject  to  the  further  order  of 
Congress. 

Si;c.  7.  The  attorney  general  is  authorized  to  apppoint  an  additional  Attorney  General 
cleik  in  the  Dejiartment  of  Justice  for  the  purpose  of  carrying  into  eftcct  *".'^''"^'^''  i'"u"^' 
the  provisions  of  this  act,  to  be  called  the  law  clerk  of  said  department,  |j'""p'^jjjj'gj,t,  of 
at  a  salaiy  of  fifteen  hundred  dollars  per  annum.  Justice,  llis salary. 

Sec   8.  All  laws  aud  parts  of  laws  heretofoi-e  enacted,  providinfj  for  the    Repealing  clause, 
safe  custody,   preservation,  printing,  publication  and  distribution  of  the 
laws  aie  hereby  repealed. 

Approved  August  5,  18G1. 


Chap.  XV. — An  Ad  to  authorize  advances  to  be  made  in  certain  casce. 


August  5,  ISGl. 


The  Congress  of  the  Covfederofe  States  of  Amrrka  do  enact,  That  the  Secretary  of  War 
Secretary  of  War.  with  the  approbation  of  the  l^csident,  be  authorized,  au'borizcd  to  make 
during  the  existence  of  the  present  war,  to  make  advances  upon  anv  con- "''^„'i°''f!, ''"*!""" 

"^  .,  *  i-i  »  '  irfl.crs   I  or  ni  ms  or 

tract,  not  to  exceed  thirty-three  and   one-third   jier  cent.,  tor  arms  or  mu- munitions  of  war. 
nitions  of  war:  Provided^  That  security  be  first  taken,  to  be  approved  by     Proviso, 
the  Secretary  of  War,  for  the  performance  of  the  contract,  or  for  a  proper 
accounting  for  the  said  money. 

Appuoved  August  5,  ISGl. 


CnAr.  XVr. — An  Act  to  give  aid  to  the  pcojAc  and  State  of  Missouri. 


August  (i,  18G1. 


The   Congress  of   the   Confederate  States  of  America  do  enact,  Tliat     Appropriation  to 
to  .aid  the  people  of  the  State  of  Missouri,  in  the  efibrt  to  maintain,  Avithin 


174  PROVISIONAL  CONGRESS.   Sess.  III.  Ch.  17,  18,  19.  1861. 

aid  tbe  people  and  theiv  own  limits,  tlie  constitutional  liberty,  which  it  is  the  purpose  of  the 
Btate  of  Missouri.  (Confederate  States  in  the  existing  war  to  vindicate,  there  shall  be,  and  is 
hereby,  appropriated  out  of  any  moneys  in  the  Treasury  not  otherwise 
appropriated  one  million  of  dollars,  to  supply  clothing,  subsistence,  arn^s 
and  ammunition  to  the  troops  of  Missoui'i  who  may  co-operate  with  those 
of  the  Confederate  States,  during  the  progress  of  the  existing  war,  said 
sum  to  be  expended  under  the  discretion  of  the  President  of  the  Confede- 
rate States,  for  the  purposes  aforesaid. 
Approved  Aufnist  G,  1861. 


August  6,1861.    Chap.  XVII — An  Ad   to  prozide  for  the  construction  of  a  nncly  invented  imj.tlemcnt  of 


Whereas,  Charles  S.  Dickinson  alleges  that  he  has  invented  a  machine, 
generally  known  as  ''  Winans'  gun,"  whereby  balls  can  be  projected 
with  such  force,  rapidity  and  precision  as  to  render  it  a  valuable  im- 
plement of  war,  both  in  the  army  and  the  navy — 
Appropriation  fer       The  Congress  of  Hit  Confederate  States  of  America  do  tlicrefore  enact, 
the  construction  of  rfi^^t  the  President  be  and  he,  is  hereby  authorized,  in  his  discretion,  to 

"  Winans    gun.  ,  .  „,.,'..  •',      ,        ,         '  ,     ,,  \ 

cause  one  machine  oi  this  description,  calculated  to  throw  balls  measuring 

about  three-fourths  of  an  inch  in  diameter,  and   weighing  about  two 
Proviso.  ounces,  to  be  constructed  under  the  direction  of  said  Dickinson  :  Pro- 

vided, That  the  cost  thereof  shall  not  exceed  five  thousand  dollars. 
Approved  August  6,  18G1. 


August  8,  1861.    Chap.  XVIII — An  Act   to   authorize   the   President  of  the    Confederate   Stnteii  to  grant 

—        commissions  to  raise  volunteer  regiments  and  battalions,  composed  of  persons  toho  are, 

or  have  been,  residents  of  the  States  <f  Kentuel'xj,  Missouri,  Maryland  and  Delaware. 

President  autbe-       Tlie   Congress  of  the   Confederate   States  of  America  do  enact,  That 
rizod  to  grant^om-  j_|^g  President  of  the  Confederate  States  be,  and  he  is  hereby,  authorized 

missions  to  officer?  ..  _,  ,  ^  ^        n  .    •' '  , 

to  raise  and  com- to  grant  Commissions  to  oincers  above  the  grade  oi  captain,  to  such  per- 

maud  volunteer  re-  SOUS  as  he  may  think  fit,  to  raise  and  command  volunteer  regiments  and 

giments,    <tc..    of  battalions  for  the  service  of  the  Confederate  States,  said  regiments  and 

tain  Stiitea.  battalions  to  be  composed  of  persons  who  are,  or  have  been,  residents  of 

the  States  of  Kentucky,  Missouri,  Maryland  or  Delaware,  and  who  have 

enlisted,  or  may  enlist,  under  said  officers  ;  upon  the  condition,  however, 

that  such  oflicers  shall  not  hold  rank  or  receive  pay  until  such  regiments 

or  battalions  have  been  raised  and  are  mustered  into  service. 

Approved  August  8,  1861. 


August  8,  1861.  CnAP.  XIX. — An  Act  respecting  alien  enemies. 


Who  liable  to  bo  The  Congress  of  the  Confederate  States  of  America  do  enact,  Tliat 
reTote'cTts'^  aUcn  whenever  there  shall  be  a  declared  war  between  the  Confederate  States 
cuemies.  and  any  foreign  nation  or  government,  or  any  invasion  or  predatory  in- 

cursion shall  be  perpetrated,  attempted  or  threatened  against  the  terri- 
tory of  the  Confederate  States,  by  any  foreign  nation  or  government, 
and  the  President  of  the  Confederate  States  shall  make  public  procla- 
mation of  the  event,  or  the  same  shall  be  proclaimed  by  act  of  Congress, 
all  natives,  citizens,  denizens,  or  subjects  of  the  hostile  nation  or  gov- 


PROVISIONAL  CONGRESS.     Sess.  III.     Ch.  19.  1861.  175 

ernment,  being  males  of  fourteen  years  of  age  and  upwards,  who  shall 
be  within  the  Coni'ederate  States,  and  not  citizens  thereof,  shall  be  liable 
to  be  apprehended,  restrained  or  secured,  and  removed  as  alien  enemies  : 
Provided,  That  during  the  existing  war,  citizens  of  the  United  States,  ProTiso. 
residing  within  the  Confederate  States,  with  intent  to  become  citizens 
thereof,  and  who  shall  make  a  declaration  of  such  intention,  in  due 
form,  and  acknowledging  the  authority  of  the  government  of  the  same, 
shall  not  become  liable  as  aforesaid,  nor  shall  this  act  extend  to  citizens 
of  the  States  of  Delaware,  Maryland,  Kentucky,  Missouri,  and  of  the 
District  of  Columbia,  and  the  territories  of  Arizona  and  New  Mexico, 
and  the  Indian  Territory  south  of  Kansas,  who  shall  not  be  chargeable 
with  actual  hostility  or  other  crime  against  the  public  safety,  and  who 
shall  acknowledge  the  authority  of  the  government  of  the  Confederate 
States. 

Sec.  2.  The   President  of  the  Confederate  States  shall  be,  and  he  is     President  to  pro- 
herebv,  authorized,  by  his  proclamation,  or  other  public  act,  in  case  of  ^'<^" '^"'"  ""V'^'X*^  "^ 

•   .•  J      1        J  c  -J    i.  -J      p       iU  1       nthoso  who    iail    to 

existing  or  declared  war,  as   aioresaicl,  to  provide  lor  the  removal  oi  depart 

those  who,  not  being  permitted  to  reside  within  the  Confederate  States, 

shall  refuse  or  neglect  to  depart  therefrom;  and  to  establish  such  rcgu- and   to    establish 

lations  in  the  premises  as  the  public  safety  may  require.  rules,  Ac 

Sec.  3.  Immediately  after  the  passage  of  this  act,  the   President  of     President,  by  bis 
the  Confederate  States  shall,  by  proclamation,  require  all  citizens  of  the  ^^'■'"=1'""^.V'''°'  ^^ 

■w-r    •       1   CI  1     •  1  f>   !■  1  1  •  1  •         1      require  citizens  of 

United  States,  being  males  oi  fourteen  years  and  upwards,  within  the  the  U.  S.   witbin 

Confederate   States,   and   adhering   to  the  government  of   the   United  ibe  C.  S.  to  depart 

States,  and   acknowledging  the   authority  of  the   same,  and  not  being  ^^'^^^'°  ^'^  "'*y®' 

citizens  of  the  Confederate  States,  nor  within  the  proviso  of  the  first 

section  of  this  act,  to  depart  from  the  Confederate  States  within  forty 

days  from  the  date  of  said  proclamation;  and  such   persons  remaining     On  failure  to  de- 

within  the  Confederate  States  after  that  time  shall  become  liable  to  be  J^^.J^  cnemils*^  " 

treated  as  alien  enemies ;  and  in   all  cases  of  declared  war  as  aforesaid, 

aliens,  resident  within  the  Coni'ederate  States,  who  shall  become  liable 

as  enemies  as  aforesaid,  and  who  shall  not  be  chargeable  with  actual 

hostility  or  other  crime  against  the  public  safety,  shall  be  allowed  the     Time  allowed 

time  for  the  disposition  of  their  effects  and  for  departure,  which  may  be  "I'f,"^  /u*' ^^^ '^a'' °  ' 

,,,  ^  .,  ii-i  •  1  witliin  tno  C.  b. 

stipulated  by  any  treat}'  with  such  hostile  nation  or  government ;  and 

when  no  such  treaty  may  exist  the  President  shall  prescribe  such  time 
as  may  be  consistent  with  the  public  safety,  and  accord  with  the  dictates 
of  humanity  and  national  hospitality. 

Sec.  4.  After  any  declared  war,  or  proclamation,  as  aforesaid,  it  shall  Duty  of  the  Con- 
be  the  duty  of  the  several  courts  of  the  Confederate  States,  and  of  each  ^^'^^^^^^  f^  ^i^^"" 
State  having  criminal  jurisdiction,  and  of  the  several  judges  and  justices  on  c  omptainta 
of  the  courts  of  the  Confederate  States,  and  they  are  hereby  authorized,  ag.ninst  aliens  and 

upon  complaint  acainst  anv  alien,  or  alien  enemies,  a,s  aforesaid,  or  per-  *1'<;°.  e"';'aies  ro- 
^  .'■         .  1  ■         1  *^      .  ,.    1  •  1        -1     11    1  -1  maiuing  in   the  C. 

sons  coming  within   the   purview  oi  this   act,  who  shall  be  resident,  or  s_ 

remaining  in  the  Confederate  States,  and  at  large  within  the  jurisdiction 
or  district  of  such  judge  or  court,  as  aforesaid,  contrary  to  the  intent  of 
this  act,  and  of  the  proclamation  of  the   President  of  the   Confederate 
States,  or  the  regulations  prescribed  by  him,  in  pursuance  of  this  act, 
to  cause  such  alien  or  aliens,  person  or  persons,  as  aforesaid,  to  be  duly 
apprehended  and  convened  before  such  court,  judge  or  justice,  for  exami-     Apprehension 
nation  ;  and  after  a  full  examination  and  hearing  in  such  complaint,  and  '^^^    examination, 
sufficient  cause  therefor  appearing,  shall  or  may  order  such  alien  or  aliens.     Order  for  remo- 
person  or  persons,  to  be  removed  out  of  the  territory  of  the  Confederate  ^l'-   ,^?^  other- 
States,  or  to  be  otherwise  dealt  with  or  restrained,  conformably  to  the  "^'^*    ^^    ^^ 
intent  of  this  act,  and  the  proclamation  or  regulations  which  may  be 
prescribed  as  aforesaid,  and  may  imprison  or  otherwise  secure  such  alien 
person  until  the  order  which  shall  be  made  shall  be  performed. 


17G  PROVISIONAL  CONGRESS.   Sess.  III.   Ch.  20,  21,22.  1861. 

Marshal, by  him-  Sec.  5.  It  shall  be  the  duty  of  the  marshal  of  the  district,  in  which 
self  or  deputy,  or  ^^^^  alien  enemy  or  person  ofieadino-  acainst  the  provisions  of  this  act, 
son,  to  execute  the  shall  be  apprehended,  who  by  the  President  of  the  Confederate  States, 
order.  or  by  order  of  any  court,  judge  or  justice,  as  aforesaid,  shall  be  required 

to  depart,  [or]  to  be  removed  as  aforesaid,  to  execute  such  order  by  him- 
self or  deputy,   or  other  discreet  person,  and   for  such  execution   the 
Warrantfor  such  marshal  shall  have  the  warrant  of  the  Prei-ident,  or  the  court  or  judge, 
execution.  as  the  case  may  be. 

ArPROVED  August  8,  1861. 


August  8,  1801.  Ch.VP.  XX. — An  Act  further  to  provide  for  the  ptthlic  defence. 


President  autho-       The    Congress  of  the  Confederate   States  of  America  do  enact,   That 
nzed  to  employ  the  Jq  Qj.^jg^.  ^q  provide  additional  forces  to  repel  invasion,  maintain   the 

militia,  military    .i,pi  ^.  f>i/-if>i  o  n    i  ■  ^ 

and  naval  forces,  righttul  possessiou  01  the  Conicderatc  btatcs  oi  America,  and  to  secure 
and  to  ask  for  and  the  independence  of  the  Confederate  States,  the  President  be,  and  he  is 
accept  voltint2ers.  hereby,  authorized  to  employ  the  militia,  military  and  naval  forces  of  the 
Confederate  States  of  America,  and  to  ask  for  and  accept  the  services  of 
any  number  of  volunteers,  not  exceeding  four  hundred  thousand,  who 
may  offer  their  services,  either  as  cavalry,  mounted  riflemen,  artillery,  or 
infantry,  in  such  proportions  of  these  several  arms  as  he  may  deem  ex- 
pedient, to  serve  for  a  period  of  not  less  than  twelve  months,. nor  more 
than  three  years  after  they  shall  be  mustered  into  service,  unless  sooner 
discharged. 
To  bo  organized      Sec.  2.  That  whenever  the  militia  or  volunteers  are  called   and  re- 
un  er  'be  ac-t  of^g-^gj  ^^^^^  ^|^g  service  of  the  Confederate  States,  under  the  provisions 

March  C,   l^^Ol.  p       ,    •  ^  ^       ^^    ^  ■         ^  i  ^  n      ^  •        i         |.    n*  i 

01  this  act,  they  shall  be  organized  under  the  act  oi  the  sixth  oi  March, 
one  thousand  eight  hundred  and  sixty-one,  entitled   "  An  act  to  provide 
Pay  and  allow-  for  the  public  defence,"   with  the  same  pay  and  allowances  of  said  act, 
anees  and  time  of  aud  the  same  time  for  the  service  of  the  militia. 

Cont'truetion   of      ^^^'  ^'  Nothing  in  this  act  shall  be  construed  to  extend  to,  or  in  any 
act.  wise  to  alter   any  act  heretofore   passed,  authorizing   the   President  to 

receive  troops  offered  directly  to  the  Confederate  States  for  the  war,  or 
for  any  less  time. 

Approved  August  8,  18G1. 


Auo'ust  14   18G1.  Chap.  XXI. — -In  Act  to  provide  for  the  appointment  of  8urij<:on»  and   aatiatant  surrjcona 

— — _  fur  kogpitals. 


Surgeons  and       77/6    Congress  of  the    Confederate    States  of  America  do  enact,  That 
assistiint  surg«'  ns  j-]ig  President  be  and  he  if-  hereby  authorized  to  appoint  in  the  provisional 

m   the   provisional  i  ■''.       .  o       ,-,  •  i  •,    > 

army  for  the  hos-  ^^'^  ^^  many  surgeons  and  assistant  surgeons  tor  the  various  uospitais 
piuis.  of  the  Confederacy,  as  may  be  necessary. 

Approved  August  14,  18G1. 


August  10,  ISCl.  Chap.  XXIT. — An  Act  to  amend  the  law  in  relation  to  the  export  of  tobacco,  and 
other  commodities. 

Act  of  May  21,  The  Congress  of  the  Confederate  States  of  America  do  enact,  That 
1861,  prohii.iting  t,he  act  passed  at  the  present  session  entitled  "  An  Act  to  extend  the 
except,  Ac,  to  take  pi'ovisions  of  an  act  entitled  'An  act  to  prohibit  the  exportation  of  cotton 
immediate  effect,    from  the  Confederate  States  except  through  the  seaports  of  said  States, 


PROVISIONAL  CONGRESS.     Sess.  III.     Ch.  23.     1861.  177 

aud   to  punisli  persons  offending  therein,'  "  approved   May  twenty-one, 
Anno  Domini,  one  tliousand  eight  hundred  and  sixty-oiM'.  slmll  trn  inti^ 
effect  immediately  after  the  approval  of  this  act. 
ArpRovED  August  16,  1861. 


Chap.  XXIII. —  An  Act  lo  authorize  the  instte  o/ Ircasvri/  notes,  atid  to  provide  a  tear      Augnst  19, 1861- 
lax/or  (heir  i  ademption.  

Tlir  Coiup'css  of  the  Confederate    States  of  Amerk<(  ihi  eiiacf.  That     Pecret.iry  of  the 

the  Secretary  of  the  Treasury  be  and  he  is  hereby  auliiorized,  iVoni  time     *',"^"''-^'    ""''^'^'■- 

*',  ...  '' .   .  .         *'     .  izcu  to  issue  trea- 

to  time,  as   the  public  necessities  may  require,  to  issue  treasury  ni)tcs,  f,iry  notes,  as  the 

payable  to  bearer  tit  the  expiration  of  six  months  after  the  ratification  pi^tilic    ncccssiiies 

of  a  treaty  of  peace  between    tlic    Conlcderatc    States   and    the    United '""^' "'I"*'"®- 

States,  the  said  notes  to  be  of  any  denomination  not  less  than  five  dollars, 

and  to  be  re-issuabl'>   at  pleasure   until   tlic  s;ime  are  payable  ;  but  the  / 

whole  issue  outstanding  at  one  time,  including  the  amount  is.sucd  under 

former  acts,  shall  not  exceed  one  hundred  millions  of  dollars  ;  the  said 

notes  shall  be  receivable  in  payment  of  the  war  tax  hereinafter  provided,     Rccciral!c     in 

and  of  all  other  public  dues  except  the  export  duty  on  cotton,  and  shall  paymci  t  of  war 

also  be  received  in  payment  of  the  subscriptions  of  the  net  proceeds  of  ^^'   ^"    *°     "*"' 

sales  of  raw  produce  and  manufactuicd  articles. 

Sec.  2.  That  for  the  purpose  oi'  landing  the  said  notes,  and  of  making     PotkIs  to  be  is- 
exchange  for  the  proceeds  of  the  sale  of  raw  produce  and  manufactured  ''"^'^  '"J"  *''*'  P"'" 
articles,  or  for  the  purchase  of  specie  or  military  stores,  the  Secretary  of 'yj',|"'jjj[gg  and"o^' 
the  Treasury,  with   the   assent  of  the   President,  is  authorized   to  issue  making  exchange, 
bonds,  payable   not  more   than   twenty  years  ai'ter  date,  and   bearing  a  ^'^• 
rate  of  interest  not  exceeding  eight  per   centum   per  annum,  until  they 
liecome  payable,  the  interest  to ^bc  paid   semi-annually;  the  said  bonds 
not  to  exceed,  in  the  whole,  one  hundred   millions  of  dollars,  and  to  be 
deemed  a  substitute  for  thirty  millions  of  the  bonds  authorized   to  be 
issued  by  the  act  approved  May  sixteenth,  eighteen  hundred   and  sixty-     Actof  ifiCI.May 
one  ;  and  this  act  is  to  be  deemed  a  revocation  of  the  authority  to  issue  ^'''  *■"**•  "*  '*•  '"• 
the  said  thirty  millions.     The  said  bonds  shall  not  be  issued  in  less  sums     DcnomiuatoD. 
thaft  one  hundred  dollars,  nor  in   fractional  parts  of  a  hundred,  except 
v.hen  the  subscription  is  less  than   one  hundred  dollars,  the  said  bonds 
may  be  issued   in  sums  of  fifty  dollars.     They  may  be  sold   for  specie,     Muy  be  sold,  Ac. 
military  and  naval  stores,  or  for  the  proceeds  of  raw  produce  and  manu- 
factured article^,  in  the  same  manner  as  is  provided  by  the  act  aforesaid  ; 
and  whenever  subscriptions  of  the  same  have  been  or  shall  be  made  pay- 
able at  a  particular  date,  the  Secretary  of  the  Treasury  shall  have  power 
to  extend  the  time  of  sales  until  sucii  date  as  he  shall  see  fit  to  indicate. 

Sec.  ^).   The   hoUlers  of  the   said   treasury   notes   may,   at  any  time,     Bonds  in  cx- 

demand  in  exchange  for  them  bonds  of  the  Confederate  States,  according  chsngcfortrcascry 

to  such  regulations  as  may  be  made  by  the  Secretary  of  the  Treasury,  ""'"^s. 

Hut  whenever  the  Secretary  of  the  Treasury  shall  advertise  that  he  will 

])ay  off  any  portion  of  the  said  treasury  notes,  then   the  privilege  of    When   priviego 

i'undinir,  as  to  such  notes,  sliall  cease,  unless  there  shall  be  a  failure   to  ^*^    funding    u> 

,  '  .  .  .  cease. 

]>ay  tlie  same  in  specie  on  presentation. 

SiX".  4.  That  fur  the  special  purpose  of  paying  the  principal  and  in-  War  tax. 
tcrest  of  the  public  debt,  a,nd  of  suj)porting  the  government,  a  war  tax 
shall  be  assessed  and  levied,  of  fifty  cents  upon  each  one  liundred  dollars 
in  value,  of  the  following  property  in  the  Confederate  States,  namely :  TaxaWepropcm. 
real  estate  of  all  kinds;  slaves;  merchandize;  bank  stocks;  railroad 
and  other  corporation  stocks;  money  at  interest,  or  invested  }>y  indi- 
viduals in  the  purchase  of  bills,  notes,  and  other  securities  for  money, 

12 


178  PROVISIONAL  CONGRESS.     Sess.  III.     Ch.  23.     1861. 

except  the  bonds  of  the  Confederate  States  of  America,  and  cash  on 

hand  or  on  deposit  in  bank  or  elsewhere;  cattle,  horses  and  mules;  gold 

watches,  gold  and  silver  plate,  pianos  and  pleasure  carriages :  Provided, 

Taxable  property  Aoi/'crer,  That  when  the  taxable  property  herein   aboye  enumerated,  of 

ofbeadofafauiiy,  any  head  of  a  family,  is  of  value  less  than  five  hundred  dollars,  such 

valui",  exempted,    taxable  property  shall   be   exempt  from   taxation   under  this  aet :  And 

A\su  property  oi provided,  further,  That  the   property  of   colleges  and  schools,  and  of 

colleges,     schools,  charitable  or  religions  corporations  or  associations,  actually  used  for  the 

Public  lands  and  P^^P'^'''^'''  ^^^  which  such  colleges,  schools,  corporations  or  associations 

properly  owned  by  were  created,  shall  be  exempt  from  taxation   under  this  act :  And  pro- 

u  Stale  for  public  vlded,  further.  That  all  public  lands  and  all  pnrperty  owned  bj  a  State 
purposes,    likewise  (■  fi-  i  ii-^i- 

exempted.  '^^^  public  purposes,  be  exempt  irom  taxation. 

i;,i..h  State  to  Skc.  5.  That  for  the  purpose  of  a-scertaining  all  property  included  in 
constitute  ataxdi-  the  abovc  cla.s.'-cs,  and  the  vaUic  thereof,  and  the  person  chargeable  witl? 
^  !,'""■  the  tax,  each  State  shall  constitute  a  tax  division,  over  which  shall  be 

cach'divLion.  ^  To  (ippointcd   onc   chief  collector,  who   dhall  be  charged  \yith  the  duty  of 
divide  the  State  in- dividing  the  State  into  a  convenient  number  of  collection  districts,  sub- 
to    collection   dis-jgct  to  the  revisal  of  the  Secretary  of  the  Treasury.     The  said  collector 
"^By    wbom   ap- ^^^^^^  ^^  appointed  by  the  President,  and   shall  hold   his  office  for  one 
pointed.     Term  of.year,  and  receive  a  salary  of  two  thousand  dollars.     He  shall  give  bond 
office.  Salary.        with  sureties  to  discharge  the  duties  of  his  oiSce  in  such  amount  as  may 
Oath  of  office      ^^   prescribed   by  the   Secretary  of  the  Treasury,  and   shall   take   oath 
faithfully  to  discharge  the  duties  of  his  office,  and  to  support  and  defend 
To  appoint  tax  the  Constitution.     The  said  chief  collector  shall,  with  the  approbation 
collector  for  eaih  gf  t]^g  Secretary  of  the  Treasury,  appoint  a  tax  collector  for  each  collec- 
A.ssessment,  when  ^io*!  district,  whose  duty  it  shall  be  to  cause  an  assessment  to  be  made 
to  be  made.  on  or  before  the  first  day  of  November  next,  of  all  the  taxable  property 

in  his  district,  included  in  each  of  the  above  mentioned  classes  of  pro- 
perty, and   the  persons  then  owning  or  in  possession   thereof;  and  in 
Tax  collectors  to  order  thereto,  the  said   tax  collectors  may  appoint  assessors,  who  shalS 
appoint  assessors,   proceed  through  every  part  of  their  respective  districts,  and,  after   pub- 
lic notice,  shall   require   all  persons   owning,  possessing,  or  having  the 
care  and  management  of  any  property   liable  to  the   tax   aforesaid,  to 
deliver  written  lists  of  the  same,  which  shall  be  made  in  such  manner 
as  may  be  required   by  the   chief  collector,  and   as  far  as   practicable, 
conformable  to  those  which  may  be  required  for  the  same  purpose  under 
the  authority  of  the  respective  States  ;  and  the  said  assessors  are  author- 
ized to  enter  into  and  upon,  all  and  singular,  the  premises  for  the  pur- 
poses required  hy  this  act. 
TTritton  lists  of      Sec.  6.  If  any  person  sliall   not  be  prepared  to  exhibit  a  written  list 
tai-ablc     property  vfben  required,  and  shall  consent  to  disclose  the  particulars  of  taxable 
1/0  be  tx  lie         property  owned  or  possessed  by  him,  or  under  his  care  and  management, 
When  oflicer  to  then  it  shall  be  the  duty  of  the  officer  to  make   the   list,  which,  being 
make  the  list.         distinctly  read  and  consented  to,  shall  be  received  es  the  list  of  such 
person. 
Penalty  for  false      Sec.  7.  That  if  any  person  shall  deliver  or  disclose  to  any  collector  or 
or  fraudulent  list,   assessor  appointed  in  pursuance  of  this  act  and  requiring  a  list  as  afore- 
said, any  false  or  fraudulent  list,  with   intent   to   defeat  or   evade  the 
valuation  or  enumeration  hereby  intended    to  be  made,  such   person  so 
ofl'ending  shall  be  fined  in  a  sum  not  exceeding  five  hundred  dollars,  to 
be  recovered  in  any  court  of  competent  jurisdiction. 
Party  liable  to      Sec.  8.  Any  pcrson  who  shall  fail  to  deliver  to  the  collector  or  assessor 
ur^^o  ddiver'^'S't^  ^'•'^^  "^^  ^^''"^  taxable  property  at  iha  time  prescribed  by  him,  shall  be 
at  the  proper  time.  l''ib^<^  to  a  double   tax   upon   all   his   taxable  property;  the  same  to  be 
assessed  by  the   collector  or  assessor,  and   to  be   collected  in  the  same 
manner  and  by  the  same  process  as  is  herein  provided  as  to  the  single 
tax. 


PROVISIONAL  CONGRESS.     Sess.  III.     Cn.  23.     1861.  170 

Skc.  9.  The  lists  shall  be  made  in  reference  to  the  value  and  situation     I-ists  tc  be  made 
of  the  property,  on  the  first  day  of  October  nest,  and  shall  be  made  out,  |"  "/f  *^"|?*',r\?  er 
completed,  and  be  delivered  into  the  hands  of  each  of  the  tax  collectors  ty  on  the  istOcto- 
on  the  first  day  of  December  next;  and  upon  the  receipt  thereof,  each  ber,  iSiil. 
tax  collector  mav,  for  twenty-one  days  next  ensuinrr  the  said  first  Decern-     "'*«'"  ^^  hodvh- 
ber,  hear  and  determine  all  appeals  from  the  said  assessments,  as  well  asi^jdor. 
applications  for  the  reduction  of  a  double  tax,  when  such  tax  may  have     Appeals  from  as - 
been  incurred  to  a  single  tax,  which  determination  shall  be  final.  assessments  and  i..r 

Sec.  10.  The  several  tax  collectors  shall,  on  or  before  the  first  day  of  {^^ 
February  ensuing,  furnish  to  the  chief  collector  of  the  State  in  which  Tax  colloctorato 
his  district  is  situated,  a  correct  and  accurate  list  of  all  the  assessments  ^"^"'^'^  to  the  chiot 
made  upon  each  person  in  his  district,  and  of  the  amount  of  tax  to  be  gggg^^en^g ''g^nd  of 
paid  by  such  person,  specifying  each  object  of  taxation  ;  and  the  said  the  amount <if  tax. 
chief  collector  shall  collate  the  same  in  proper  form,  and  forward  the'  Chief  collector  t<> 
collated  list  to  the  Secretary  of  the  Treasury.  and^'forwid  toX 

Sec.  11.  The  said   several  collectors  shallj  on  the  first  day  of  May  Seerctary   of    the 
next,  proceed  to  collect  from  every  person  liable  for  the  said  tax,  the 'J''"<'a>'u'"y. 
amounts  severally  due  and   owing,  and   he   shall  previously  give  notice  ^^jl^J^"j  "^^    **    "^ 
for  twenty  days  in   onO  newspaper,  if  any  be  published  in  his  district,     Oolleotors  to  give 
iind  by  notifications  in  at  least  tour  public  places  in  each  township,  ward  notice, 
or  precinct  within  his  district,  of  the  time  and   place  at  which  he  will 
receive  the  said  tax  ;  and  on  failure  to  pay  the  same,  it  shall  be  the  duty     rrooecdin^ts   by 
of  the  collector,  within  twenty  days  after  the  first  day  of  3Iay  aforesaid,  distress  on  failnru 
by  himself  or  his  deputies,  to  proceed  to  collect  the  said  ta.xes  by  dis-^°P*^'^®'*'^*^^**" 
tress  and  sale  of  the  goods,  chattels  or  effects  of  the  persons  delinquent. 
And  in  case  of  such  distress,  it  shall  be  the  duty  of  the  officer  charged 
with  the  collection   to  make,  or   cause   to  be   made,  an  account  of  the 
goods  or  chattels  which  may  be  distrained,  a  copy  of  which,  signed  by 
the  officer  making  such  distress,  shall  be  left  with  the  owner  or  possessor 
of  such  goods,  chattels  or  effects,  or  at  his  or  her  dwelling,  with  a  note 
of  the  sum  demanded,  and  the   time  and  place  of  sale;  and  the  said 
officer  .shall  forthwith  cause  a  notification   to  be' publicly  advertised  or 
posted  up  at  two  public  places  nearest  to  the  residence  of  the  person 
whose  property  shall  be  distrained,  or  at  the  court-house  of  the  same 
county,  if  not  more  than   ten   miles  distant,  which  notice  shall  specify 
the  articles  distrained,  and   the  time  and  place   proposed  for  the  sale 
thereof,  which  time  shall  not  be  less  than  ten  days  from  the  date  of  such 
notification,  and  the  place  proposed  for  the  sale  not  more  than  five  miles 
distant  from  the  place  of  making  such  distress  :  J^rovidrJ,  That  in  any     Proviso, 
case  of  distress  for  the  payment  of  the  taxes  aforesaid,  the  goods,  chat- 
tels or  effects  so  distrained,  shall  and   may  be  restored   to  the  owner  or 
possessor,  if,  prior  to  the  sale  thereof,  payment,  or  tender  thereof,  shall 
be  made  to  the  proper  officer  charged   with  the  collection,  of  the  full 
amount  demanded,  together  with  such  fee  for  levying,  and  such  sum  for 
the   necessary  and   reasonable   expense  of   removing  and   keeping  the 
goods,  chattels  or  effects  so  distrained,  as  may  be  allowed   in  like  cases 
by  the  laws'  or  practice  of  the  State  wherein  the  distress  shall  have  been 
made;  but  in  case  of  non-payment  or  tender  as  aforesaid,  the  said   offi- 
cers shall  proceed   to  sell  the  said  goods,  chattels  or  effects  at  |iublic 
aitotion,  and  shall  and  may  retain  from  the  proceeds  of  such  sale,  the 
amount  demandable  for  the  use  of   the  Confederate  States,  with   the 
necessary  and  reasonable  expenses  of  distress  and  sale,  and  a  connnission 
of  five  per  centum  thereon  for  his  own  use,  rendering  the  overplus,  if 
any  there  be,  to  the  person   whose  goods,  chattels  or  effects  shall  have 
been  distrained  :  l^ruvldcd,  That  it  shall  not  be  lawful  to  make  distress    Property cscmpt- 
of  the  tools  or  implements  of  a  trade  or  profession,  beasts  of  the  plough,  eil  ^^  "i  distrc?E. 
and  farming  utensils  necessary  for  the  cultivation  of  improved  lands, 


ISO  PROVISIONAL  CONGRESS.     Sess.  III.     Ch.  23.     1801. 

arms,  or  such  household  furniture  or  apparel  as  may  be  accessary  for  a 
family, 
fi.ile  of  ronl  cs-      SeC-  12.  That  if  the  tax  assessed  on  any  real,  estate  shall  remain  un- 
{aie  fur  taxes.        paid   on   the   first   day  of  June   next,  the   tax   collector  of  the   district 
wherein  the  same  is  situated  shall,  on  the  first  Jlonday  in  July  thereafter, 
proceed  to  sell  the  same,  or  a  sufiiciency  thereof,  at  public  outcry,  to  the 
highest  bidder,  to  pay  said  taxes,  together  with  twenty  per  centum  on 
the  amount  of  said  taxes  and  costs  of  sale,  said  sale  to  be  at  the  court- 
house door  of  the  county  or  parish  wherein  said  real  estate  is  situated ; 
and  if  there  shall  be  more  than  one  county  or  parish  in  a  district,  the 
said  tax  collector  is  authorized  to  appoint  deputies  to  make  such  sales  in 
his  name  as  he  cannot  attend  to  himself,  and  for  all  lands  so  sold  by  said 
<5ccd  to  purchaser,  deputies,  the  deeds  as  hereinafter  provided  for  shall  be  executed  by  said 
collector,  and  such  sales  so  made  shall  be  valid,  whether  the  real  estate 
IVlierc  iiroperty  so  sold  shall  he  assessed  in  the  name  of  the  true  owner  or  not.     But  in 
r.:.t  divisible,   the  .j^ii  cases  wh<;re  the  property  shall  not  be  divisible  so  as  to  enable  the  col- 
lector by  a  sale  of  part  thereof  to  raise  the  whole  amount  of  the  tax, 
with  all  costs,  charges  and  commissions,  the  whole  of  such  property  shall 
be  sold,  and  the  surplus  of  the  proceeds  of  the  eale,  after  satisfying  the 
tax,  costs,  charges  and  commissions,  shall  be  paid   to  the  owner  of  the 
property,  or  his  legal  representatives,  or  if  he  or  they  cannot  be  found, 
flnrplus  of  sales  or  refuse  to  receive  the  same,  then  such  surplus  shall  be  deposited  in  the 
(a  bo  deposite^d  ^iu  treasury  of  the  Confederate  States,  to  be  there  held  for  the  use  of  the 
'I'^F  "^for^he  use  of  o^*^*^^  O''"  ^^'^^  legal  representatives,  until  he  or  they  shall  make  applica- 
iht  cwner.  tion  thcrefor  to  the  Secretary  of  the  Treasury,  who,  upon  such  applica- 

tion, shall,  by  warrant  on  the  treasury,  cause  the  same  to  be  paid  to  the 
When  the  collec- applicant.     And  if  the  property  off'ered  for  sale  as  aforesaid  cannot  be 
<or  to  purchase  the  gQi  J  f^^  ^.|jg   amount  of  the  tax  due  thereon,  with  the  said   additional 
^>opcry  'twenty  per  centum  thereto,  the  collector  shall  purchase  the  same  in  be- 

half of   the  Confederate  States  for  the   amount  aforesaid  :  Frovidcdj 
.Fiile  not  to  take  That  the  owner  or  superintendent  of  the  property  aforesaid,  before  the 
4^1  cs  It  ta.Tes  paid  ggj^^g  shall  have  been  actually  sold,  shall  be  allowed  to  pay  the  amount 
iually  solT.*^"^  ^ ''^''"  "^^^  ^^^^  *^^^  thereon,  with  an  addition  of  ten  per  centum  on  the  same,  on 
the  payment  of  which  the  sale  of  the  said  property  shall  not  take  place  : 
Provided,  also,  That  the  owners,  theij^  heirs,  executors  or  administrators, 
jriipbtofrodcmp- or  any  person   on  their  behalf,  shair have  liberty  to  redeem  any  lands 
ti  u.  and  other  real  property  sold  as  aforesaid,  within  two  years  from  the  time 

of  sale,  upon  payment  to  the  collector  for  the  use  of  the  purchaser,  his 
heirs  or  assignees,  of  the  amount  paid  by  such  purchaser,  with  interest 
for  the  same  at  the  rate  of  twenty  per  centum  per  annum,  and  no  deed 
shall  be  given  in  pursuance  of  such  sale  until  the  time  of  redemption 
Time    .allowed  shall  have  expired:  Provided,  further,  That  when  the  owner  of  any 
persons  in  the  mili- land,  Or  Other  real  property  sold   for  taxes  under  the  provisions  of  this 
J!.ry  Bervice  of  ihc  ,^^^^  g}^jj]|  |^g  j,j  ^j^^   military  service  of  the  Confederate  States,  before 
and  at  the  time  said   sales  shall  have  been  made,  the  said  owner  shall 
have\he  privilege  of  redeeming  the  said  property  at  any  time  within  two 
Collector  to  rcD-  years  after  the  close  of  his  term  of  service.    And  the  collector  shall  render 
ik.c   account  of  ^  distinct  account  of  the  charges  incurred  in  offering  and  advertising  for 
ai'idTiuy  su/iriiis  ^^^®  ^^^^^  property,  and  shall  pay  into  the  treasury  the  surplus,  if  any 
iuto  ireasuiy.         there  be,  of  the  aforesaid  addition  of  twenty  per  centum,  or  ten  per 
centum,  as  the  case  ma}'  be,  after  defraying  the  charges.     And  in  every 
case  of  the  sale  of  real  estate,  which  shall  be  made  under  the  authority 
of  this  act  for  the  assessment  and  collection  of  direct  taxes  by  the  col- 
lectors or  marshals  respectively,  or  their  lawful  deputies  respectively,  or 
All   d  ed5    tor]jy  a,ny  other  person  or  persons,  the  deeds  for  the  estate  so  sold  shall  be 
t^i'cinadeiy  the  col- P'"'^?^''*^^?  made,  executed,  and  proved  or  acknowledged,  at  the  time  and 
I'rctor  of  tho  dir-  times  prescribed  in  this  act  by  the  collectors,  respectively,  within  whose 


PROVISIONAL  CONGRESS.     Sess.  III.     Cn.  C3.     1861.  181 

collection  district  f^ucli  real  estate  shall  be  situated,  or  in  cise  of  their  t"i'  *•  or  Ins  sncccs- 
death  or  removal  from  office,  bj^  their  successors,  on  payment  of  the  pur-  ''^'''  ^°  ^  '"^^" 
chase  money,  or  producing  a  receipt  therefor,  if  already  paid,  in  such 
form  of  law  as  shall  be  authorized  and  required  by  tlie  hiws  of  the  Con- 
federate States,  or  by  the  law  of  the  State  in  which  such  real  estate  lies, 
for  making,  executing,  proving  and  acknowledging  deeds  of  bargain  and 
sale,  or  other  conveyances  for  the  transfer  and  conveyance  of  real  estate ; 
and  for  every  deed   so  prepared,  made,  executed,  proved  and  acknow- 
ledged, the  purchaser  or  grantee  shall  pay  to  the  collector  the  sum  of     Fee  for  the  dcctf ; 
five  dollars  for  the  use  of  the  collector,  marshal  or  other  person  effecting '^*'^'^'^''^''  "*** 
the  sale  of  the  real  estate  thereby  conveyed.     The  commissions  herein-     Commiff^ionson 
after  allowed  to  each  collector  shall  bo  in  full  satisfaction  of  all  services  l^  ullowcd  coiko- 
reudcred  bv  them.    The  assessors  appointed  under  them  shall  be  entitled  ^^^A 
to  tliree  dollars  lor  every  day  empluyed  in  making  lists  and  assessments  allowed  assc-sora. 
under  this  act,  the  number  of  days  being  certified   by  the  collector  and 
approved   by  the  chief  collector  of  the  State,  and   also  five  dollars  for 
every  hundred  taxable  persons  contained  in  the  list  as  completed  by  him 
and  delivered  to  the  collector  :  Provided,  That  when  the  owner  of  any     When  a^scFsorto 
real  estate  is  unknown,  or  is  a  non-resident  of  the  State  or  tax  district  ^'•'*'^®   ""''  ^"**  *'* 
wherein  the  same  is  situated,  and  has  no  agent  resident  in  said  district,  g<.gsineut- 
the  assessor  shall  himself  make  out  a  list  of  such  real  estate  for  assess- 
ment. 

Skc.  13.  Separate  accounts  shall  be  kept  at  the  treasury  of  all  moneys  Accounts  at  {!ia 
received  from  each  of  the  respective  States,  and  the  chief  collector  shall  trensHry  of  ail  mo- 
procure  from  each  tax  collector  such  details  as  to  the  tax,  and  shall  "*^J,? '^'^,'^'"'1!^' ',  .,„ 
classiiy  the  same  in  such  manner  as  the  Secretary  ot  tlie  Iroasury  shall  procure  dttaiis  of 
direct,  and  so  as  to  provide  full  information  as  to  each  subject  of  tax- the  t«s.  and  clasui- 
ation.  '  fy  the  sumo. 

Skc.  14.  Each  collector  shall  be  charged  with  an  interest  of  five  per  Collectors  charge- 
cent,  per  mouth  for  all  moneys  retained  in  his  possession  beyond  the  time  "^■•''^  ^'''^  intereti 
at  which  he  is  required  to  pay  over  the  same  by  law,  or  by  the  regulations  ^^  >»oneyb  re  am- 
cstablished  by  the  Secretary  of  the  Treasury. 

Sec.  15.  Each  collector  before  entering  upon  the  duties  of  his  office,     To  give  bond, 
shall  give  bond  in  such  sum  as  shall  be  prescribed  by  the  Secretary  of 
the  Treasury,  with  sufficient  sureties,  and  shall  take  an  oath  faithfully     Oath, 
to  execute  the  duties  of  his  office,  and  that  he  will  support  and  defend 
the  Constitution  of  the  Confederate  States. 

Sec.  16.  Upon  receiving  the  tax  due  by  each  person  the  collector  shall     Collector  to  sign 

sign  receipts  in  duplicate,  one  whereof  shall  be  delivered  to  the  person  '■e<^'-''P's  m   ^i^Pj'- 

paying  the  same,  and  the  other  shall  be  forwarded  to  the  chief  collector  ,i"ii,p^,sed  of." 

of  that  State.     The  money  collected  during  each  month  or  during  any     Moneys coll<cti:tl 

shorter  period  which  maybe  designated  by  the  Secretary  of  the  Treasury,  to  i>c  forwarded  to 

s;hall  be  also  immediately  forwarded  to  the  said  chief  collector,  and   by  ^"/.''^^''^^'''^''r"'"'  T* 
I  ■       1       T  1      /.  1-  I        T  •  ,.111  o    ^      disposed  of  as  di- 

nim  be  disposed  01  according  to   the  direction  oi  the   Secretary  oi  the  ,,.i.tod by  Secretary 

Treasury  ;  and   the  said  chief  collector  shall  report  the  same  immedi-  of  Treasury. 

ately  to  the  Secretary  of  the  Treasury,  and  shall  furnish  him  with  a  list     Chiefcol  ectorto 

specifying  the  names  and   amounts  of  each  of  the  receipts  which  ghall  "j."''*'' '"'^P^''' ^'"^"^^ 

have  been  forwarded  to  him  as  aforesaid  by  the  district  collectors. 

Sec.  17.  The  taxes  assessed  on  each   person  shall  be  a  statutory  lien     Taxes  assessed  to 

for  one  year  upon  all  the  property  of  that  per.son,  in  preference  to  any  be  a  statutory  ikn- 

other  lien,  the  said  lien  to  take  date  from  the  first  day  of  October,  to 

which  the  valuation  has  relation,  and  the  lands   and  other  property  of    Property  of  ool- 

any  collector  shall  be  bound  by  statutory  lien  for  five  years  for  all  moneys  le^  tors  bound   by 

received  by  him  for  taxes,  the  date  of  such  lien  to  commence  from  the  ^'*'"'*""^  .''®j'  '"' 

p  ,  .-^  .    .  ,  tiixoB  received, 

time  01  his  receiving  the  money. 

Sec.  18.  The  compensation  of  the  tax  collectors  shall  be  five  per  cent.     Compensaticn  of 

on  the  first  ten  thousand  dollars  received,  and  two  and  a  half  j-er  cent,  tax  collectora. 


132  rROYISIOXAL  CONGRESS.     Sess.  III.     Cu.  23.     1861. 

on  all  sums  beyond  that  amount  uutil  the  compensation  shall  reach  eight 
hundred  dollars,  beyond  which  no  further  compensation  shall  be  paid. 
KcgulatioD."  by      Sec.  19.  The  Secretary  of   the  Treasury  is  authorized   to   establish 
i  ecretary  of  T^r^a- j.g2.yi.^|.jfjjja  suitable  and  proper  to  carry  this  act  into  effect,  which  regu- 

rurv  to  Cflrr  vtiii^.  >  xi  ♦'  /  o 

iictinto  clTtfct;  and  lations  shall  be  binding  on  all  officers  ;  the  said  Secretary  may  also  frame 

ios(ructiu2i3  as  to  instructions  as  to  all  details  which  shall  be  obligatory  upon  all  parties 

dptjuls.  embraced  within  the  provisions  of  this  act.     He  may  also  correct  all 

Authonzed      to  .  x  i      .•  i     .         v    .  •       ^i  n      x- 

correct   ermri?    ia '^"'o^s  in   assessments,   Valuations,   and   tax   lists,  or   m  the   collection 

asaessuienti,  Ac.     thereof,  in  such  form  and  upon  such  evidence  as  the  said  Secretary  may 
approve.   <  -    . 
Construefion    of      Sec.  20.  Corporations  are  intended   to  be  embraced  under  the  word 
c«rtaiQ  words  f'nd  ^.- pgj.gQ^jj^"  ^^^^  j^  ij^j^  ^^^     j^„j  whenever  the  capital  stock  of  any  cor- 
phrascs  used  in  this      ^    ^.        .         ,  ,  ,        ,     '  .        .       ,,,         ,     i  ■■,■,''        , 

act.  poration  is  returncci  by  the  corporation  itsclt  and  the  tax  paid,  the  stock 

Capitol  stock  and  in  the  hands  of  individuals  shall  be  exempt  from  tax;  and  also  all  the 
real  est.iie  ol  cor- j-gai  estate  owned  bv  the  corporation  and  used  for  carryinjr  on  its  busi- 
ness;  and  the  capital  stock  of  all  corporations  shall  be  returned,  and  the 
tax  paid,  by  the  corporations  themselves,  and  not  by  tjie  individual 
stockholders.  The  term  ''  merchandize"  is  designed  to"  embrace  all 
goods,  wares  and  merchandize  held  for  sale,  except  the  agricultural  pro- 
ducts of  the  country.  Money  at  interest,  is  intended  to  include  the 
principal  sum  of  all  money  belonging  to  any  person,  other  than  a  bank, 
upon  which  interest  is  paid  or  to  be  paid  by  the  debtor,  as  the  same 
stands  on  the  first  day  of  October.  The  term  "  cattle,  horses  and  mules," 
is  intended  to  include  all  such  animals  as  are  raised  for  sale,  and  not 
such  as  are  raised  merel}'  for  food  and  work  on  the  plantation  or  farm 
Avhere  they  are  held.  The  term  "  real  estate,"  is  intended  to  include 
all  lands  and  estates  therein,  and  all  interests  grov/ing  thereout,  including 
ferries,  bridges,  mines  and  the  like,  and  in  all  cases  the  actual  marketable 
value  of  property  is  to  be  assessed. 
ForfciDsorcoun-      Sec.  21.  If  any  person  shall,  at  any  time  during  the  existence  of  the 

rynou"""^^''^'''"'P^'^''^°^^^^^^*^^^^''^"  the  Confederate"  States  and  the  United  States,  or 
within  one  year  after  the  ratification  of  a  treaty  of  peace  between  them, 
falsely  make,  forge  or  counterfeit,  or  cause  or  procure  to  be  falsely  made, 
forged  or  counterfeited,  or  willingly  aid  or.  assist  in  falsely  making, 
forging,  or  counterfeiting  any  note  in  imitation  of,  or  purporting  to  be  a 
treasuiy  note  of  the  Confederate  States;  or  shall  falsely  alter,  or  cause 
or  procure  to  be  falsely  altered,  or  willing!}-  aid  or  assist  in  falsely  altering, 

Uttering  or  pub-  any  treasury  note  of  the  Confederate  States  ;  or  shall  pass,  utter  or  pub- 
'■^■^^^S-  lish,  or  attempt  to  pass,  utter  or  publish,  as  true,  any  false,  forged,  or 

counterfeited  note  purporting  to  be  a  treasury  note  of  the  Confederate 
States,  knowing  the  same  to  be  falsely  forged  or  counterfeited  ;  or  shall 
})ass,  utter,  or  publish,  or  attempt  to  pass,  utter  or  publish,  as  true,  any 
fals^y  altered  treasury  note  of  the  Confederate  States,  know^ing  the 
same  to  be  falsely  altered,  or  shall  conspire,  or  attempt  to  conspire, 
with  another,  to  pass,  utter  or  publish,  or  attempt  to  pass,  ntter  or  pub- 
lish, as  true,  any  falsely  forged  or  counterfeited,  or  any  falsely  altered 
treasury  note  of  the  Confederate  States,  knowing  the  same  to  be  falsely 

TenaUv.  forged  or  counterfeited,  or  falsely  altered  ;  every  such   person  shall   bo 

deemed  and  adjudged  guilty  of  felony,  and  being  thereof  convicted  by 
due  course  of  law,  shall  suffer  death. 

For<?in|;orMnin-  Sec.  22.  If  any  person  shall,  at  any  time,  falsely  make,  forge  or 
oTcm'u  ?"  "^  ^°"t'^  counterfeit,  or  cause  or  procure  to  be  falsely  made,  forged  or  counter- 
feited, or  willingly  aid  or  assist,  in  falsely  making,  forging  or  counter- 
feiting any  bond  or  coupon,  in  imitation  of,  or  purporting  to  be  a  bond, 
or  coupon,  of  the  Confederate  States;  or  shall  falsely  alter,  or  cause  or 
procure  to  be  falsely  altered,  or  willingly  aid  or  assist  in  filsely  altering, 
any  bond  or  coupon  of  the  Confederate  States ;  or  shall  pass,  utter  or 


PROVISIONAL  CONGRESS.     Sess.  III.     Ch.  23.     1861.  183 

publish,  or  attempt  to  pass,  utter  or  publish,  as  true,  any  false,  forged  or     Uttering  orpnb- 
counterfeited  bond,  purporting  to  be  a  bond  or  coupon  of  the  Coufede-  '^  "*°' 
rate  States,  knowing  the  same  to  be  falsely  forged  or  counterfeited ;  or 
shall  pass,  utter  or  .publish,  or  attempt  to  pass,  utter  or  publish,  as  true, 
any  falsely  altered  bond  or  coupon,  of  the  Confederate  States,  knowing 
the  same  to  be  falsely  altered ;  or  shall  conspire,  or  attempt  to  conspire, 
with  another,  to  pass,  utter  or  publish,  or  attempt  to  pass,  utter  or  pub- 
lish, as  true,  any  false,  forged  or  counterfeited  bond  or  coupon,  purport- 
ing to  be  a  bond  or  coupon  of  the   Confederate  States,  or  any  falsely 
altered  bond  or  coupon  of  the  Confederate  States,  knowing  the  same  to 
be  falsely  forged  or  counterfeited,  or  falsely  altered  ;  eVery  such  person     rcnaUy. 
shall  be  deemed  and  adjudged  guilty  of  felony,  and  being  thereof  con- 
victed b}'  due  course  of  law,  shall  be  sentenced   to   be   imprisoned   and 
kept  at  hard  labor  for  a  term  not  less  than  five  years,  nor  more  than  ten 
years,  and  be  fined  in  a  sum  not  exceeding  five  thousand  dollars. 

Sec.  2?>.  If  any  person  shall  make  or  engrave,  or  cause  or  procure  to     Engraving   or 
be  made  or  engraved,  or  shall  have  in  his  custody  or  possession,  any  me- having  pof»sc6.«ion 
tallic  plate  engraved  after  the  similitude  of  any  plate  from  which  any  ?[,P^f  *'^^;'^f;;^g^ 
notes  or  bonds  issued  as  aforesaid,  shall  have  been  printed,  with  intent  treasury  notes  or 
to  use  such  plate,  or  cause  or  sufier  the  same  to  be  used  in  forging  or  bonds, 
counterfeiting  any  of  the  notes  or  bonds  issued  as  aforesaid  ;  or  shall 
have  in  his  custody  or  possession,  any  blank  note  or  notes,  bond  or  bonds, 
engraved  and  printed  after  the  similitude  of  any  note  or  bond,  issued  a.s 
aforesaid,  with  intent  to  use  such  blanks,  or  cause  or  suffer  the  same  to 
be  used  in  forging  or  countcrfoiting  any  of  the  notes  or  bonds  issued  as 
aforesaid,  or  shall  have  in  his  custody  or  possession  any  paper  adapted 
to  the  making  of  notes  or  bonds,  and   similar  to  the  paper  upon  which 
any  such  notes  or  bonds  shall  have  been  issued,  with  intent  to  use  such 
paper,  or  cause  or  suffer  the  same  to  be  used,  in  forging  or  counterfeiting 
any  of  the  notes  or  bonds  issued  as  aforesaid,  every  such  person  being     Puni^hmenu 
thereof  lawfully  convicted  by  due  course  of  law,  shall  be  sentenced  to 
be  imprisoned  and  kept  to  hard  labor  for  a  term  not  less  than  five  nor 
more  than  ten  years,  and  fined  in  a  sum  not  exceeding  five  thousand 
dollars. 

Sec.  24.  If  any  State  shall,  on  or  before  the  first  day  of  April  next,  On  payment  br 
pay,  in  the  treasury  notes  of  the  Confederate  States,  or  in  specie,  the  *">  S  ate  of  isixcs 
taxes  assessed  against  the  citizens  of  such  State,  less  ten  per  centum  j^^^  ^jfj^p^g  j^,,j{jg_ 
thereon,  it  shall  be  the  duty  of  the  Secretary  of  the  Treasury  to  notify  riiy  of  collectors  in 
the  same  to  the  several  tax  collectors  of  such  Stale,  and  thereupon  their  s"^'^»  .States  to 
authority  and  duty  under  this  act  shall  cease. 

Skc.  25.  If  any  person  shall,  at  any  time  after  one  year  from  the  Penalty  for  corn- 
ratification  of  a  treaty  of  peace  between  the  Confederate  States  and  the  "">"^"|  '^"y.  "•",  ^'?'' 
United  States,  commit  any  of  the  acts  described  in  the  twenty-nrst  sec- ^1,^  oist  scotion 
tion  of  this  act,  such  person  shall  be  deemed  and  adjudged  guilty  of  after  one  year 
felony,  and  beinsr  thereof  convicted  bv  due  course  of  law,  shall  be  sen-[r°'"  <l>e  ratifica- 

1         1       •  •     •       1  11  11,1         ,.  •     1     1'        i.    1         tion  of  a  treaty   of 

tcnced  to  be  imprisoned   and  kept  at  hard  labor  for  a  period  oi  not  less  p^j^^g  between  ibe 
than  five  years  nor  more  than  ten  years,  and   be  fined  in  a  sum  not  c.  S.  and  the  U.  S. 
exceeding  five  thousand  dollars. 
Approved  August  19,  ISGl. 


184  PROVISIONAL  CONGRESS.     Sess.  11.     Cii.  2  4.     1861. 

August  20,  1861.  Chap.  XXIV. — An  Act  to  aid  the  Stnte  of  Mwnxiri  in  repelling  invanion  by  the  Unlleii 

i^tute",  and  to  aittliorize   tin:   admisnion  of  naid  State  as  a  member  of  the    Confederate 

States  of  America,  and  for  other  purjwnes. 

Whereas,  The  people  of  tlie  State  of  Missouri  have  been  prevented, 
by  the  unconstitutional  interference  of  the  (jiovernment  of  the  United 
States,  from  expressing  their  will  through  their  legally  constituted 
authorities,   in   regard   to  a  union   with   the   Confederate  States  of 
America,  and  are  now  engaged  in  repelling  a  lawless  invasion  of  their 
territory  by  armed  forces  ;  and,  whereas,  it  is  the  right  and   duty  of 
the  Confederate  States  to  aid  the  people  and  government  of  the  said 
State  in  resisting  such  invasion,  and  in  securing  the  means  and  the 
opportunity  of  expressing  their  will  upon  all  questions  affecting  their 
rights  and  liberties  :  Now,  therefore — 
Aid  to  tbo  State       The  Congress  of  the   Confechratc   States  of  America  do  enact,  That 
of  Missouri  in  re-  the  President  of  the  Confederate  States  of  America  be,  and  he  is  hereby, 
P^^''"SJD^asionby  j^^^j.jj^-ij.j2gj  to  co-operate  through  the  military  power  of  this  government 
'    '  with  the  authorities  and  the  people  of  the  State  of  Missouri  in  defend- 
ing that  State  against  a  lawless  invasion  by  the  United   States,  and  in 
maintaining  the  liberty  and  independence  of  her  people,  and  that  he  be 
authorized  and  empowed,  at  his  discretion,  to  receive  and  muster  into 
the   service  of  the  Confederate  States,  in   the  State  of  Missouri,   such 
troops  of  that  State  as  may  volunteer  to  serve  in  the  army  of  the  Con- 
federate States,  subject  to  the  rules  and  regulations  of  said  army,  and  in 
accordance  with  the  laws  of  Congress ;  and  said  troops  may  be  received 
into  service  by  companies,  battalions  or  regiments,  with  their  officers 
elected  by  the  troops,  and  the  officers  so  elected  shall  be  commissioned 
by  the  President;  and  when  mustered  into  service  said  companies,  bat- 
talions or  regiments  may  be  attached  to  such  brigades  or  divisions  as  the 
President  may  determine  ;  and  the  President  shall  have  power  to  appoint 
field  officers  for  all  battalions  and   regiments  organized  out  of  separate 
companies  mustered   into   service,  and   to  add  to  battalions  a  sufficient 
number  of  separate  companies  to  complete  their  organization  into  regi- 
ments, and  to  appoint  the  additional  field  officers  necessary  for  the  com- 
plete  organization  of  the  regiments  so  formed ;  and   all  vacancies  that 
may  occur  amongst  the  commissioned  officers,  of  troops  mustered   into 
service  under  this  act,  shall  be  filled  in  the  manner  provided  in  the  act 
entitled  "An  act  for  the  establishment  and  organization  of  the  army  of 
the   Confederate  States  of  America/'   approved   sixth  March,  eighteen 
hundred  and  sixty-one. 
Admission  of      Sec.  2.  That  the  State  of  Missouri  shall  be  admitted  a  member  of 
-Alissouriasamem-  tbe  Confederate  States  of  America,  upon  an  equal  footing  with  the  other 
IratlVtites^''''^'"^"  ^^^^^t*^'^' ^"^^^^  ^^^^  Constitution  for  the  Provisional  Government  of  the 
same,  upon  the  condition  that  the  said  Constitution  for  the  Provisional 
Government  of  the  Confederate  States  shall  be  adopted  and  ratified  by 
the  properly  and   legally  constituted  authorities  of  said   State,  and  the 
Governor  of  said  State  shall  transmit  to  the  President  of  the  Confede- 
rate States  an  authentic  copy  of  the  proceedings  touching  said  adoption 
and  ratification  by  said  State  of  said  Provisional  Constitution  ;  upon  the 
receipt  whereof,  the  President,  by  proclamation,  shall  announce  the  fact; 
whereupon,  and  without  any  further  proceedings  upon  the  part  of  Con- 
gress, the   admission  of  said   State  of  Missouri   into  this   Confederacy, 
under  said  Constitution  for  the  IVovisional  Government  of  the  Confede- 
rate States,  shall  be  considered  as  complete ;  and  the  laws  of  this  Con- 
federacy shall  be  thereby  extended  over  said  State  of  Missouri  as  fully 
and  completely  as  over  other  States  now  composing  the  same. 
Jhf'govfrnmeut  of      ^^c.  3.  That  the  Congress  of  the   Confederate   States  recognize   the 
Mis3ourL  government  of  which  Claiborne  F.  Jackson  is  the  chief  magistrate,  to 


PROVISIONAL  CONGRESS.    Sess.  III.    Ch.  25,  26.     1861.  18o 

be  the  legally  elected  and  regularly  constituted  government  of  the  people 
and  State  of  Missouri ;  and  that  the  President  of  the  Confederate 
States  be,  and  he  is  hereby,  empowered,  at  his  discretion,  at  any  time 
prior  to  the  admission  of  the  said  State  as  a  member  of  this  Confederacy, 
to  perfect  and  proclaim  an  alliance,  offensive  and  defensive,  with  the 
said  government,  limited  to  the  period  of  the  existing  war  between  this 
Confederacy  and  the  United  States  ;  the  said  treaty  or  alliance  to  be  iu  i 

force  from  the  date  thereof,  and  until  the  same  shall  be  disaffirmed  or 
rejected  by  this  Congress. 
Approved  August  20,  1861. 


Chap.  XXV. — An   Act   to   empower   the   Prcsid^ni  of  the  Confederate   States   to   ajypoint    August  20,  ISfil . 
additional  commissioners  to  forcijn  nations. - 


The  Coiif/rcss  of  the  Con/edrrafe  States  of  Amcn'ea  do  enact,  That  President  to  lic- 
the  President  of  the  Confederate  States  be, and  he  is  hereby,  empowered  tenuinc  to  what 
to  determine   and  designate  to  what   nations   the  commissioners  of  the : 


nussioncrs  now  in 


Confederate  States,  now  in  Europe,  shall  be  accredited,  either  separat-ely  Europe  shall  be 
or  unitedly  ;  and  to  prescribe   the  duties  he  may  think  proper  to  assign  accredited, 
to  each  of  them. 

Sec.  2.  And  he  it  further  enacted.  That  the  President  be,  and  he  is     To  appoint  two 
hereby,  empowered  to  appoint  two  other  commissioners  to  represent  the  °'^"  "^1'"''"^^'°"" 
Confederate  States,  either  separately  or  unitedly,  to  such  foreign  nations  tions. 
as  he  may  deem  expedient. 

Sec.  3.  And  he  it  further  enacted.  That  the  additional  commissioners  Pay<if  iheaddi- 
authorized  by  this  act  shall  receive  the  same  pay  and  emolument  as  the  tionai  commission- 
commissioners  now  in  Europe  receive ;  and  the  President  shall  appoint '''"^:,  .  *i„,:„„ 
,,  .      .  ,     ,  •      1  1  ....  ,1  .     ^i,     .         (heir  secretaries 

the  secretaries  or  clerks  required  by  said  mi.ssions,  and  determine  their  or  clerks,  and  their 

compensation.  compensation. 

Approved  August  20,  1861. 


Chap.  XXVI. — An  Act  to  authorize  payment  to  he  made  for  certain  horses  purchased  for      August  21,  1861. 
the  army,  by  Col.  A.   W.  McDonald. 

The   Cnncjrexx  of  the   Confederate   States  of  America  do  enact,  That     P  vmcut  to  be 
the  Secretary  of  AVar  be,  and  he  is  hereby,  authorized  to  cause  payment  «^^*^«  ^"^"  certain 

1  •,''■,  1  I-        f.     T  ,f  •     hor-ies     purcuas-oil 

to  be  made  to  tlie   vendors,  upon   an   auditor  the  accounts,  ot  certain  f^r  the   army  by 
horses,  heretofore  purchased  by  order  of  Colonel  Angus  W.  jNIcDonald,  Colonel  McDonald, 
to  mount  the  men  he  was  authorized  to  raise  by  order  of  the  I*resident 
of  the  Confederate  States  ;  and  upon  the  payment  of  the  said  accounts, 
said  horses  shall  become  the  property  of  the  government,  and  shall  be 
subject  to   the   control  of  the   quartermaster's   department :  Provided,     Proviso. 
hoivever,  That  the  quartermaster  general  shall  be,  and  he  is  hereby,  em- 
powered to  permit  said  horses  to  remain  in  the  possession  of  the  volun- 
teers who  now  have  them,  subject  to  the  general  law  controlling  cavalry 
troops,  upon  the  written  agreement  of  said  volunteers  that  said  horses 
will  be  paid  for  by  them  out  of  the  allowances   now  made   to   cavalry 
troops. 

Approved  August  21,  1861. 


186  PROVISIONAL  CONGRESS.   Sess.  III.   Ch.  27,  28,  29.  1861. 

August  21,  1861.  ClIAP.  XXVII. — An  Act  mal-iiiff   aj^proiririation  fur  the  scrvtccsi  of  pliyniciana  to  he  tni- 
ployed  in  conjunction  uith  the  medical  staff  of  the  aymy. 

.Appropriation for  The  Congress  of  the  Confederate  States  of  Amcriea  do  enact,  That 
(lieserviccsof  phj-|.|jgj.g  ^g  appropriated  out  of  any  money  in  the  Treasury  not  otherwise 
in  conjunction  with ''ippi'opriated,  for  the  year  ending  the  eighteenth  of  February,  eighteen 
the  medical  staff  ot  hundred  and  sixty  two,  the  sum  of  fifty  thousand  dollars  for  the  services 
tlie  arujy.  ^f  physicians  to  be  employed  in  conjunction  with  the  medical  staff  of 

the  army. 
Approved  August  21,  1861. 


August  21, 18G1.  CiiAP.  XXVIII. — An  Act  to  jtrovidc  for  local  defence  and  special  service. 

Volunteers   for      ^^'^    Congress  of  the    Confederate  States  of  America  do  enact,  That 
local  defence  and  the  President  be,  and  he  is  hereby,  authorized  to  accept  the  services  of 
special  service.       volunteers  of  such  kind  and  in  such  joroportion  as  he  may  deem   expe- 
dient, to  serve  for  such  time  as  he  may  prescribe,  for  the  defence  of 
exposed  places  or  localities,  or  such  special  service  as  he  may  deem  ex- 
pedient. 
To  be  mustered      Sec.  2.  And  such  forces  shall  be   mustered  into  the  service  of  the 
into  service.  Confederate  States,  for  the  local  defence  or  special  service  aforesaid,  the 

fo  ^h"^''''^  F""''*^  fct  ui^ister  roll  setting  forth  distinctly  the  services  to  be  performed  ;  and  the 
performed.  ^^i^  volunteers  shall  not  be  considered  in  actual  service  until  thereunto 

Pay  or   subsis-  specially  ordered  by  the  President.     And  they  shall  be  entitled  to  pay 
*e"ce.  Qr  subsistence   only  for  such   time  as  they  may  be   on  duty  under  the  ■ 

orders  of  the  President  or  by  his  direction. 
To  be  organized      Sec.  3.  Such  volunteer  forces,  when  so  accepted  and  ordered  into  ser- 
aecording    to    the  vice,  shall  be  organized  in  accordance  with  and  subject  to  all  the  provi- 
g'''pJ^26^''^'^J^^^-sions  of  the  act  entitled   "An  act  to  provide  for  the  public  defence," 
approved  March  sixth,  one  thousand  eight  hundred  and  sixty-one,  and 
may  be  attached  to  such  divisions,  brigades,  regiments  or  battalions  as 
President  to  ap- the  President  may  direct,  and   when  not  organized  into  battalions  or 
pomt  the  field  offi-  j-ggiments  before  being  mustered  into  service,  the  President  shall  appoint 
the  field  officers  of  the  battalions  and  regiments,  when  organized  as  such 
by  him. 

Approved  August  21,  1861. 


August  21,  1861.    CiiAX.  XXIX. — An  Act  to  authorize  the  emptloyment  of  cools  and  nurfies,  other  than  cn- 
— listed  men,  or  volunteerH,for  the  military  service. 


Nurses  and  cooks       The  Congress  of  the    Confederate    States   of  America   do  enact,  That 
or  th         "■  '  '  ■ 

service. 


lor  the  military  the  better  to  provide  for  the  sick  and  wounded,  the  Secretary  of  AVar  is 


authorized  to  direct  the  employment,  when  deemed  necessary,  of  nurses 
and  cooks,  other  than  enlisted  men,  or  volunteers,  the  persons  so  employed 
being  subject  to  military  control,  and  in  no  case  to  receive  pay  above 
that  allowed  to  enlisted  men,  or  volunteers. 
Appropriation  for  ^RC-  2.  That  there  be  appropriated  for  the  pay  of  the  nurses  and 
ibe  pay  of.  cooks,  provided  for  in  the  above  section,  one   hundred  and  thirty  thou- 

sand dollars. 

Approved  August  21,  1861. 


PEOVISIONAL  CONGRESS.  Sess.  III.  Cii.  30,31,32,33.  1861.  187 

Chap.   XXX.— .In  Act  proiidinfj  for  the  dUpngitlon  of  xwclaimed  Goods  dcjyosited  in      August  21,  1861. 
loarehouse,  as  prescribed  by  existing  laws,  

The  Co7}//rcss  of  the   Confederate   States  of  America  do  enact,  That     Collectors  of  cus- 
from  and   after  the  pas.sage  of  this  act,  any  collector  of  the  customs  is  foms  to  take  pos- 
hereby  authorized,  under  such  regulations  and   directions  as  the  Secrc- ^^*^'?"  "'^'  """^  ^^" 
tary  of  the  Treasury  may  prescribe,  to  take  possession  of,  cither  on  board  ?nipor"cd  glT''*' 
the   importing  vessel,  or  at  the   place  of  landing,  and   there  to  sell  at 
public  auction,  upon  due  notice,  any  imported  goods,  wares,  or  merchan- 
dize, remaining  unclaimed  beyond  the  period  prescribed   by  law  for  the 
UH4<iding  of   the  same  from   the   importing   vessel,  that,  may,   in   the 
opinion  of  such   collector,  from  its  bulky  character,  or  from  its  perisha- 
ble or  explosive  nature,  or  from  other  like  causes,  render  it  impractica- 
ble to  deposit  the  same  in  warehouse,  as  prescribed  by  law  for  unclaimed 
goods. 

Approved  August  21,  18G1. 


CnAP.  XXXI.— .1h  Act  making  apprv})riations  for  the  Public  Defence.  An^^ust  21, 1861. 

The  Congress  of  the  Cnn/rderate   States   of  America   do   enact,  That     Appropriaiioi-s 
there  be  appropriated  out  of  any  money  in   the  treasury  not  otherwise  f'*""  the  public  tie- 
appropriated,  for  the  year  ending  the  eighteenth   February,  eighteen '"'"f.''  '""%|J%r"'" 
hundred  and  sixty-two,  the   sum  of  fifty-seven   millions   dollars  for  the  180^° 
pay  of  officers  and  privates  of  the  army,  volunteers  and  militia  in   the 
public  service  of  the  Confederate  States;  for  quartermaster's  supplies 
of  all  kinds,  transportation  and  other  necessary  expenses ;  for  the  pur- 
chase of  subsistence,  stores  and   commissary  property  for  the  ordnance 
service  in  all  its  branches;  for  engineering,  and   for  the  surgical  and 
medical  service  of  the  army,  in  all  supplies  and  necessary  expenditures. 

Sec.  2.  That  the  above  appropriation  shall   be   distributed   amongst     Distribution, 
the  several  objects  of  appropriation  above  specified,  in  such  proportions 
as  shall  bo  determined   by  the  Secretary  of  War,  with  the  approval  of 
the  President. 

Approved  August  21,  18G1. 

Chap.   XXXll.— An  Act  making  njyprojiriation  for  Military   TIo«pitals.  August  21, 1861. 

The  am^jrr^s  of  the  Coufedn-atc  States  of  America  do  enact,  That  Appropriation 
iiic  sum  ot  lilty  thousand  dollars  be,  and  the  same  is  hereby,  appropriated  for  military  hospi- 
out  of  any  money  in  the  treasurv,  not  otherwise  appropriated,  for  i\\e^''^^  ^""^  *^'^  >'«'"" 
establishment  and  support  of  military  hospitals,  during  the  current '"JV"^  isth  Feb., 
fiscal  year  ending  February  eighteenth,  eighteen  hundred  and  sixty-two. 
^  Approved  August  21,  1801. 

('HAP.   XXXIir.— .4f.  Act  supplcmr-ntnl  to  "An  act  t,  put  in  operation   the  gorcrnment,       AuiruM  •>!    IRfil 
wider  the  pcrmanatt  CouMHution  of  the  Confcdcrale  States  of  America." 

Ihe  Con<jrrss  of  the    Confederate   States  of  America  do  enact,  That     pi-M-on  f 
where,  in   any  State  of   this   Confederacy,  there  shall    be    no   regular  tors  for  th«  fil-s't 
session  of  the  Legislature  to  be  held  prior  to  the  eighteenth  of  February,  Congress, 
eighteen  hundred  and  sixty-two,  it  is  hereby  provided,  in  obedience  to 
the  seventh  article  of  the  permanent  Constitution,  that  the  election  of 


188  PROVISIONAL  CONGRESS.     Sess.  III.    Cii.  34,  35.    1861. 

senators  for  the  first  Congress  may  be  made  at  any  special  or  extra 
session  of  the  Legislature  of  such  State,  prior  to  the  said  eighteenth  ot 
February,  eighteen  hundred  and  sixty-two. 

Approved  August  21,  1861. 


August  21,  ISCil.       Chap.   XXXIV. — An  Act  to  increase  the  corps  of  artillery,  and  for  other  purjjoees. 


Increase  of  the       2he    Congress  of  the    Confederate    States  of  America  do  enact,  TESt 

corps  of  artillery,    there  be  added  to  the  corps  of  artillery,  Confederate  States  army,  one 

Lieutenant    Colonel    and    two    Majors,    with    the    pay    and    allowances 

authorized  by  existing  laws  for  those  grades,  respectively. 

PresiJout  .auth  >-      Sec.  2.  That  the  President  be,  aud  he  is  hereby,  authorized  to  ap- 

ri7.cd  to  appoint  pQjjjf^  i,j  addition  to  the  storekeepers  authorized  by  the  fifth  section  of 

keepers  of  orii-  ^^'^  '^^■*-  ^^  -^^'^J  s'xtcen,  eighteen  hundred  and  sixty-one,  "for  the  estab- 

nancc.  lishuient  and  organization  of  the  army  of  the  Confederate  States,"  as 

Their  pay  and  many  military  storekeepers  of  ordnance,  with  the  pay  and  allowance  of 

allowances.  ^  captain  of  infantry,  as  the  safe  keeping  of  the  public  property  may 

16  cV20  p  115*^  ^^1"^^^'  "'^^  ^"^  exceed  in  all  four  storekeepers,  who   shall,  previous  to 

Bond.  entering  on  duty,  give  bonds  with  good  and  sufficient  security,  in  such 

sums  as  the  Secretary  of  War  may  direct,  fully  to  account  for  all  moneys 

and  public  property,  which  they  may  receive. 

Superintendents      Sec.  3.  That  the  President  be,  and  he  is  hereby,  authorized,  when- 

of  armories,  salary  ever,  in  his  judgment,  the  interests  of  the  service  may  require,  and  where 

an    a  o«ancej.      officers  of  the  army  cannot  be  assigned  to  these  duties,  to  appoint  one 

or  more  superintendents  of  armories  for  the  fabrication  of  small  arms, 

whose  salary  shall  not  exceed   two  thousand  five  hundred   dollars  per 

annum,  with  allowance  for  quarters  and  fuel  at  the  rate  fixed  for  a  major 

in  the  army.     And  that  the  President  be  also  authorized  to  appoint  two 

Master  armorer's  *^^  ^^'^^'*^  master  armorers,  with  a  salary  not  to  exceed  fifteen  hundred 

salary  and  allow-  dollars  per  annum,  with  allowance  of  quarters  and  fuel  at  the  rate  fixed 

a"^^-^-  for  a  captain  in  the  army. 

Aids  de-camp  for  Sec.  4.  That  during  the  existing  war,  the  President  may,  as  com- 
P resident's  per-  mander-in-chief  of  the  forces,  appoint,  at  his  discretion,  for  his  personal 
rank,  pay  and ^al- '^*'^^'  ^^*^  aides-de-camp,  with  the  rank,  pay  and  allowances  of  a  colonel 
lowanccs.  of  cavalry. 

Additional    per-      Sec.  5.  That  hereafter,  there  shall  bc  allowed  One  additional  sergeant 
geant  allowed  each  to  each  company  in  the  service  of  the  Confederate  States,  making  in  all, 
ompany.  g^^^  sergeants  per  company,  who  shall  receive  the  same  pay  and  allowances 

as  are  provided  by  existing  laws  for  that  grade. 
Approved  August  21,  1861. 


August  x2, 1861.  Chap.  XXXV. — An  Act  making  appropriations  to  carry  i)ito  effect  section  two  of  an  act 
ApflSfil    \r      91        approved   May  twenty-first,  eighteen  hundred  and  sixty-one,  entitled  "  An  act  to  define 
eh    i'  Tf  '       with  more  certainty  the  meaninij  of  an  act  entitled    'An  act  to  fir  the  duties  on  articles 

''■         ■  therein  named,' ■'  approved  31  arch  fifteenth,  eighteen  hundred  and  sixty-one. 

AppropriatLon  The  Congress  of  the  Confederate  States  of  America  do  enact,  That, 
Alaba''ina°a^n*d'^^^  *^^^  purpose  of  carrying  into  effect  the  second  section  of  an  act 
I'lo  rid  a  railroad  ^^ppi'oved  May  twenty-first,  eighteen  hundred  and  sixty-one,  entitled 
comp'iny,  bei n g  "  An  act  to  define  with  more  certainty  the  meaning   of  an  act  entitled 

on^rlil"rrad"'ot''*'^  '  ^^"  ^^^  *^  ^^  *^^^  ^"*^'^^  ^"  articles  therein  named,'  "  approved  March 
fifteenth,  eighteen  hundred  and  sixty-one,  the  sum  of  two  thousand 
three  hundred  and  seventy-nine  dollars  and  eighty  cents  be,  and  the  same 


PROVISIONAL  CONGRESS.     Sess.  II.     Ch.  56,  37.     1861.  189 

is  hereby,  appropriated,  out  of  any  money  in  the  treasury  not  otherwise 
appropriated,  to  be  paid  to  Charles  T.  Pollard,  President  of  the  Alabama 
find  Florida  railroad  company,  being  the  difference  between  fifteen  and 
twenty-four  per  cent,  duty  on  railroad  iron  of  the  value  of  twenty-six 
thousand  four  hundred  and  forty-two  dollars  and  twenty-six  cents,  with- 
drawn from  warehouse  at  Pensacola,  Florida,  iu  the  mouth  of  April, 
eighteen  hundred  and  sixty-one. 

Approved  August  22,  1861. 


Chap.  XXXVI. — An  Art  to  anthon'zc  the  Poslmntler  Gcnernl  to  contrnct  for  the  carriage    August  22,  1861. 
<if  the  mails  on  the  route  hereafter  mentioned. 

The   Coiujresn  of  thr   Cov/rdcratc    Sfatn^  of  Ameru-a  do  enact,  Tbat     Mailrouieestab- 

thc  following  mail"  route  be,  and  the  same  is  hereby,  established,  to-wit :  ^"''.^*^c: '.''"'."  ^'"°"' 
n  •  .  .1       c  1       4  II  1    /^    1,.       -1         1    '^'*^^^  Station,  in 

hrom  station  seventeen,  on   the  oavannan,  Albany   and  (>uli  railroad,  Georgia,    to   th  • 

commonly  called  Groover's  Station,  in  the  State  of  Georgia,  to  the  town  t«wn  ofMimticello, 

of  ]\lonticello,  in  the  State  of  Florida.  '°  Florida. 

Skc.  2.   And  be  if   further  enacted,    That  the  Postmaster  General  be,     Contract  for  car- 

and  he  is  hereby,  authorized  to  make  the  first  contract   for   carrying  <>f  s^lj^ou^'"^'  °^"" 

the  mail  over  said  route,  without  the   necessity  of  advertising  for  bids 

for  said  contract  as  required  by  existing  law ;  and  that  tliis  act  do  take 

effect  and   be  in  force,  from  and  after  its  pas.sage :    Provided,  however,     Proviso. 

That  nothing  in  this  act  contained,  shall  be  so   construed  as  to  require 

the  Postmaster  ("Jeneral  to  put  the  mail  upon  said  route,   unless  in  his 

opinion  the  public  interest  demand  it. 

Approved  August  22,  1861. 


CnAP.  XXXVIT. — An  Act  to  eetnhh'iih  a  uniform  rule  of  naturalization  for  pcmong  en-      August  22, 1861. 
listed  in  the  armies  of  the  Confederate  Statts  of  America.  

The   Congress  of  the  Confederate  States  of  America  do  enact,  That     Rights  of  cit'- 
overy  person  not  a  citizen  of  one  of  the  Confederate  States  engaged  i"  pt^sons'^^rl"' ^arc 
the  military  service  of  the  said  Confederate  States  during  the  existing  no  t    citizcnti,  en- 
war  against  the  United  States  of  America,  shall  thereby,  and  whilst  in  gaged  in  the  miii- 
such  service,  be  under  the  protection  of  the  Confederate  States  as  fully  j^J^j.^^^^^^^gj^^^^jj*' 
as   if  he   were   a  citizen   thereof,  the  rights  of  a  citizen  being  to  such 
extent  hereby  conferred,  and  moreover  shall  have  the  right   to  become     M;y  ^ccoi  enat- 
naturalized  and  to  become  a  citizen  of  any  one  of  the  Confederate  States,  c^,njo  citizens  of 
and  shall  thereby  be  entitled  to  all  the  rights  and  privileges  of  a  citizen  any  one  of  ibeCon- 
of  said  State  of  the  Confederate  States  upon  taking  an  oath  to  support '^^'Jf'"'-"  ^^a'^^*- 
the  Constitution  of  such  State,  and  well  and  faithfully  to  serve  the  Con- 
federate States  of  America,  to  maintain  and  support  the  Constitution  and 
laws  thereof,  and  to  renounce  all  allegiance  and  obedience  to  any  foreign 
government,  state,  sovereignty,  piinco  or  potentate,  and  particularly  by 
name  the  government,  state,  sovereignty,  prince  or  potentate  of  which     AVherc  the  State 
he    may   be,    or   have  been,    a  citizen   or  subject,   and   stating  -prhich '"  ^'^'^'' *•'* «•??''- 

i'  .\       t\      f    •,        i     Oi    i        1       •    i       J     J.      1  -i-  r     I     4.  -ft'ant     la.st    resided 

one  ot  the  Coutederate  States  he  intends  to  become  a  citizen  ot ;  but  it  becomes  on-  of  the 
the  State  in  which  the  said  applicant  shall  have  resided  next  before  his  C.  S.,  Lis  eitzen- 
application  shall  afterwards  become  a  member  of  this  Confederacy,  the  -'^'P  '°  remain  in 
citizenship  of  said  applicant  shall  remain  in  said  State  at  his  election,  ^jg^jj^j^**  ^  *  '* 
notwithstanding  proceedings  under  this  act. 

Sec.  2.  The  oath  prescribed  in  the  preceding  .section  may  be  made  by     Before  irbom  the 
all  persons  below  the  rank  of  colonel,  before  the  colonel  or  commanding  ♦"^^'^  '»  t>o  takeu. 
officer   of    the   regiment   to   which   such    persons   may  be    attachetl. 


190  PROVISIONAL  CONGRESS.     Sess.  II.     Ch.  38.     1861. 

and  said  oath  may  be  made  by  colonels,  and  all  officers  superior  in  rank 
to  colonels,  and  by  all  persons  enlisted  in  the  military  service  of  the  Con- 
federate States  not  attached  to  regiments,  before  any  commissioned  officer 
Secretary  of  War  of  the  Confederate  States  of  rank  higher  than  that  of  colonel.     And  it 
fo°rnfs'of'tho  ^oalh^  ^^=''^  ^®  t^^<^  ^"^^  ^^  ^^^  Secretary  of  War  to  provide  blank  forms  of  the 
and  distribute  oath  required  to  be  taken  as  aforesaid,  and  to  cause  the  same  to  be  dis- 
fftmc.  tributed  whenever  necessary,  and  to  make  the  regulations  necessary  for 

To  inform  pori-ons  j^j^l_^j,j^jj^    all  persons  now   engaced   in  the  military  service  of  the  Con- 

in  the  unlitary  ser-  ^,         ^      ,.     ■,  •   ■  o     i  •  t 

vice  ot  this  act.       lederate  States  oi  the  provisions  oi  this  act,  and  to  cause  all   the  oaths 


Depar 

'  where  the  capital  may  be  situated,  all  the  oaths  so  returned  to  the  War 

Department  as  aforesaid.     And  it  shall  be  the  duty  of  the  clerk  of  said 

Clerk  of  distnet  fjjgi-j.jg^  court  to  rccord  all  oaths  of  naturalization  filed  with  him  as  aiore- 

oatbsa,Ddiiulexthe  ^^i<^)  ^^'^  ^^  keep  an  index  of  the  same;  for  which  service  he  shall  be 

panie.  entitled  to  a  fee  of  twenty-five  cents  for  each  naturalization   oath,  to  be 

Clerk  3  fee.  p^^j^j  ^yj^  ^f  ^}^q  public  treasury  in  the  same  manner  as  his  other  fees  of 

office. 

ArpROVED  August  22, 1861 


August  24,  1861.  Chap.  XXXVIII. — An  Act  mnkivg  appropriations  fur  t7ie  expenses  of  Oovervment  in  the 
■        i'^fji  tutive,  Emecutiiie  and  Judicial  Departments,  for  the  year  ending  eighteenth  of  Feb- 
ruary, eighteen  hundred  and  sixty-tuo. 

Appropriatic^ns       fj^g  Congress  of  the  Ccvfi derate   States  of  America  do  enact,  That 
thoRo^enlment  for  *^^^  following  pums  be,  and  the  same  are  hereby,  ap])ropriated,  out  of  any 
the   year  eiuiing  mouey  in  the  treasury  not  olheiwise  appropriated,  for  the  objects  hereafter 
Tcbruary  18,  ihCL'.  expressed,  for  the  year  ending  the  eighteenth  of  February,  eighteen  hun- 
dred and  sixty-two  :      .  >  > 
Lcgitiiatire.  LEGISLATIVE. —  For  compensation  and  mileage  of  members  of  Congress, 

forty-five  thousand  dolhus. 
Executive.  EXECUTIVE. — For  contingent  and  telegraphic  expenses  of  the  Executive 

office,  two  thousand  five  hundred  dollars. 
D  e p a  rtment  of      DEPARTMENT  OF  JUSTICE. —  P'or  incidental  and  contingent  expenses,  in. 
Jnsticc.  eluding  printing  and  advertising  the  laws,  two  thousand  five  hundred  dol- 

lars. 

For  salary  of   the  law  clerk  of  the  Department  of  Justice,  eight  hun- 
dred and  seventy-five  doUars. 

For  sahiry  of  superintendent  of  public  printing,  and  clerk  and  messen- 
ger in  his  office,  three  tliousand  dollars. 

For  purcliase  of  paper  for  the  printing  of  Congress  and  the  Executive 
Departments,   under   the  fourth    section  of  the    act  of  May  fourteenth, 
eigliteen  hundred  and  sixty-one,  seven  thousand  dollars. 
Treasury  De-      Theasury  Depar'imem. — For  one  chief  clerk  to  aid  the  first  auditor  in 
p:;rtmcnt.  auditing  the  accounts  of  the  Post-office  Department,  at  two  thousand  dol- 

lars per  annum,  per  act  ajipioved  May  sixteenth,  eighteen  hundred  and 
sixty-one,  the  sum  of  one  thousand  five  hundred  and  thirteen  dollars  and 
ninety  seven  cents. 

P'or  fifteen  clerks,  at  twelve  hundred  dollars  each,  the  sum  of  thirteen 
(housand  six  hundred  and  twenty -five  dollars  and  eighty-two  cents. 

For  fourteen  clerks,  at  one  tbousand  dollars  each,  the  sum  of  ten  thou- 
sand five  hundred  and  ninety-seven  dollars  and  eighty-five  cents. 

For  one  messenger,  at  five  hundred  dollars  per  annum,  the  sum  of  three 
hundred  and  seventy-eight  dollars  and  forty-nine  cents. 


PR.OVISIONAL  CONGRESS.  Sess.  III.  Cn.  39,  40.    1861.  191 

For  one  chief  clerk  for  second  auditor's  office,  at  fourteen  hundred  dol- 
lars per  annum,  per  act  approved  May  twenty-first,  eighteen  hundred  and 
sixty-one,  the  sura  of  one  thousand  and  forty-four  dollars  and  thirty-nine  cents. 

For  five  clerks,  per  same  act,  at  twelve  hundred  dollars  each,  the  sum  of 
four  thousand  four  hundred  and  seventy-six  dollars. 

For  five  clerks,  per  same  act,  at  one  thousand  dollars  each,  the  sum  of 
three  thousand  seven  hundred  and  thirty  dollars. 

Ji'DiciARV. — For  salaries  of  judges  and  district  attorneys  of  theConfed-     Judiciary, 
crate  States,  and  incidental  and  contingent  expenses  of  courts,  twcnty-lwo 
thousand  dollars. 

]*rni.TC  Debt. — For  interest  on  the  public  debt,  two  hundred  and  fifty     Public  debt, 
thousand  dollars. 

ArrnovED  August  24,  ISOl. 


Chap.    XXXIX. — An   Act   making  apprnpHntinnn  to  cnrr;/  into   cjTrct,  "An   net   to  an-      August  21,  ISC  I. 

lliorizc  the  issue  of  trcasurt/  notts,  and  to  i>rovidc  a  war  tux  f-ir  iktir  rcdemp'ion,"  ind 

/or  other  intrjwiitg. 

The  Congress  of  the  Confederate  States  of  America  Jo  enact,  That  Ppenific  nppro- 
the  following  sums, be,  and  the  same  are  hereby,  appropriated,  out P""'*"*^"^' 
of  any  money  in  the  treasury  not  otherwise  appropriated,  to  carry 
into~  eiFect  "  An  act  to  authorize  the  issue  of  treasury  notes,  and  to 
provide  a  war  tax  for  their  redemption,"  for  the  year  ending  the 
eighteenth  of  February,  eighteen  hundred  and  sixty-two  :  For  one  chief 
clerk,  fifteen  hundred  dollars ;  for  two  clerks,  twelve  hundred  dollars 
cuch,  twenty-four  hundred  dollars;  for  two  clerks,  at  one  thousand  dol- 
lars each,  two  thousand  dollars;  for  five  additional  clerks,  if  found 
necessary  by  the  Secretary  of  the  Treasury,  at  one  thousand  dollars 
each,  five  thousand  dollars;  for  printing  forms  and  advertising,  teu 
thousand  dollars ;  for  paper  for  bonds,  and  for  engraving  and  printing 
treasury  notes  and  bonds,  one  hundred  and  thirty-seven  thousand  dollars. 

Approved  August  24,  1861. 


Chap.  XL. — An  Act  to  authorize  the  ixsue  of  inscribed  stock  in   the  ttcad  of  Coupon      August  24,  1861. 

Bonds.  ■ 

The  Congress  of  the   Confederate    States  of  Atnerica  do  enact,  That     Certificates  of  in - 
in  all  cases  where  bonds  are  authorized   to  be   issued   under  the  acts  of  scribed  stock  injkv 
Oongress,  to  raise   money  for  the   use   of  the   Confederato   States,  the  Joupon'^v,J"ds*'"  * 
Secretary  of  the  Treasury,  at  the  request  of  the  party  interested,  may 
cause   to  be   issued,  instead   of  bonds,  certificates  of   inscribed   stock, 
payable  to  order,  transferable  at  the  treasury   for  the   same  amount  of 
principal,  at  the  same  rate  of  interest,  and  payable  at  the  same  dates  as 
are  prescribed  for  the  bonds. 

Skc.  2.  And  he   it  further  enacted,  That   if  any  person  shall  falsely     Forging  or  coun- 
make,  forge   or  counterfeit,  or  cause,   or  procure   to  be   falsely  made,  *<^'''"^'}"g  "^  said 
forged  or  counterfeited,  or  willingly  aid   or  assist  in  falsely  making,  or^*""^  ncatcs. 
forging,  or  counterfeiting  any  certificate   of  stock,  in    imitation   of,  or 
purporting  to  be,  a  certificate  of  stock,  issued   in   accordance  with  the 
provisions  of  any  acts  of  Congress,  authorizing  the  issue  of  any  certifi- 
cate of  stock,  or  sliall  pass,  utter  or  publish,  or  attempt  to  pass,  utter  or 


192  PROVISIONAL  CONGRESS.     Sess.    III.     Cn.    41.     1861. 

Uttering  and  publish,  as  true,  any  false,  forged   or   counterfeited  cextificatc  of  stock, 
)iu'ulisliing.  purporting  to  be  a  certificate  of  stock  as  aforesaid,  knowing  the  same  to 

be  falsely  made,  forged,  or  counterfeited,  or  shall  falsely  alter,  or  cause 
or  procure  to  be  falsely  altered,  or  willingly  aid,  or  assist  in  falsely 
altering  any  certificate  of  stock,  issued  as  aforesaid,  or  shall  pass,  utter, 
or  publish,  or  attempt  to  pass,  utter,  or  publish,  as  true,  any  falsely 
altered  certificate  of  stock,  issued  as  aforesaid,  knowing  the  same  to  be 
Punistimont.  falsely  altered,  every  such  person  shall  be  deemed  and  adjudged  guilty 
of  felony,  and  being  thereof  convicted  by  due  course  of  law,  shall  be 
sentenced  to  be  imprisoned  aud  kept  at  labor  for  a  period  of  not  less 
than  three  years,  nor  more  than  too  years,  and  be  fined  in  a  sum  not 
exceeding  five  thousand  dollars. 

Approved  August  24,  ISGl. 


Aivust  24,  ISfil.  Chap.  XLI. — An  Act  to  ettablinh  Astriy  Oj)icc$  at  Charlofe  and  Bahloncja. 

Assaycrs    at      The    Com/ress  of  the    Confederate   States  of  America  do  enarct,   That 

I'hariotteamlDah- ^]jg  President  be,  and   he  is  hereby,  authorized  to  appoint  an  assayer  at 

ii^4.°  '  Charlotte,  North  Carolinia,  and   another  at  Dahlonega,  in  the  State  of 

Georgia,  whose  duty  it  shall   be   to  assay  and   ceilify   the  fineness  and 

value  of  such  gold  and  silver  as  may  be  submitted  to  them  rnsj)ectively 

to  be  assayed. 

Hond.  Skc.  2.  The   said  assayers  shall,  respectively,  execute  a  bond   to  the 

Confederate  States,  with  sufiicient  sureties,  in  such  sum  as  may  be  ap- 
proved by  the  Secretary  of  the  Treasury,  to  discharge  the  duties  of  his 

Oath.  office,  and  shall   take  oath  to  discharge   the   said  duties  and  to  support 

To  have  cliargo  the  Constitution  of  the  Confederate  States;  whereupon  the  Secretary  of 

"'  *,  V  ^"'''^'"S^'  the  Treasury  shall  place  in  his  charge,  and  subiect  to  his  use,  the  build- 
used   for  the  Uiiat,  .  j   .-       .1  •    .  i  ^i,     i.      i  j   •        1  i.  i  xi 
p  „                         ings  used  tor  the  mint,  and  the  tools  and  implements  used  therein. 

To  take  care  of      Sec.  3.  It  shall  be  the  duty  of  the  said  assayer  to  take  proper  care  of 

iMuldings,  grounds  ^]^q  gj^j^j  buildings,  grounds,  and  property,  keep  the  same  in  good  repair, 

and  to  restore  the  same  to  the  Confederate  States   in  like  condition  in 

Term  of  offitie.     which  they  were  received ;  he  shall   hold  his  oflTice  for  two  years,  and 

shall   employ  under  him,  at  such  rates  as   he   may   agree  upon,  such 

workmen  and  inferior  officers  as  he  may  see  fit. 

Workmen    and      Si;c.  4.  The  whole  expense  of  the  establishment  shall  be  defrayed  by 

inferior  officers.       the  assayer;  and,  in  order  to  defray  the  same,  and  to  receive  a  reasona- 

e  laying  0  ex- j^j^  compensation  for  his  services,  he  shall  be  entitled  to  retain  from  all 

penses   of    the   es-  '  1       •         1         1  ■        ,.  1  •  1 

t:iblishment.  metals  or  ore  submitted  to  him  for  assay,  such   seignorage  or  charge  as 

Salary  of  as-  will  enable  him  to  receive  an  annual  salary  not  exceeding  two  thousand 

'^^y^'-  dollars. 

Report  of  his      Sec.  5.  The  said  assayers  shall,  from  time  to  time,  as  required  by  the 

|.r.>CLedin£s.  Secretary  of  the  Treasury,  make  an   accurate  report  of  all  proceedings 

at  their  offices,  in  such  form  as  may  be  required  by  the  said  Secretary; 

-Assayers  and  and  they  and  their  officers  shall,  at  all  times,  be  subject  to  such  orders 

tlicir  oinoors  sub-  nu^  regulations  as  the  Secretary  (jf  the  Treasury  mav,  from  time  to  time, 

jsot  to    orders    of        1  t        ,  •/  ^ 

.-..retary  of  Trea-  ^^''^^^^  or  direct. 

*'"■:■■•  Approved  August  24,  1861. 


PROVISIONAL  CONGRESS.    Sess.  III.    Ch.  42,  43.     1861.  193 

Chap.  XLII. — An  Act  making  additional  appropriations  for  the  y^avy  of  ilic  Confede-       Augiiat2i,  ''■'^1. 
rate  States,  for  the  year  eliding  February  eighteenth,  eighteen  hundred  and  $ij:ty-tico.      ■ 

The  Congress  of  the  Confederate  States  of  America  do  enact.  That  specific  appro- 
there  be  appropriateil,  out  of  any  money  in  the  Treasury,  not  otherwise  P'"':!'''*"'  f^r  '^^ 
appropriated,  for  the  year  ending  February  eighteenth,  eighteen  hundred  ^^^-^  ^"'  fIo'^  l/ 
and  six-two,  the  following  sums  for  the  Navy  :  isci. 

For  the  purchase  and  building  of  steamers  and  gun-boats  for  coast 
defences  of  the  Confederate  States,  the  sum  of  tifly  thousand  dollars. 

For  repairing  and  litting  the  steamer  Merrimac  as  an  iron-clad  ship,  the 
sum  of  one  hundred  and  seventy-two  thousand  live  hundred  and  Twenty- 
three  dollars. 

For  raising  the  ships-of-tlie-Iine  Columbus,  Delaware,  Pennsylvania  and 
brig  Dolphin,  the  sum  of  twenty-five  thousand  dollais. 

For  pay,  subsistence,  and  other  wants  of  five  hundred  additional  seamen, 
ordinary  seamen,  landsmen  and  boys,  and  fiiemen  and  coal  heavers,  the 
sum  of  ninety  thousand  dollars. 

For  medical  supplies  and  surgeon's  necessaries,  thc^umof  four  thou=;and 
dollars. 

To  pay  employees  at  the  Navy  Yard,  Norfolk,  Virginia,  from  the  first 
day  of  July,  eighteen  hundred  and  sixty-one,  to  the  eigliteenth  of  February, 
eighteen  hundred  and  sixty-two,  the  sum  of  six  tliousand  seven  hun  ired 
dollars. 

For  floating  defences  for  New  Orleans,  Louisiana,  eight  liundred  t'.ousand 
dollai's. 

To  construct  sub-marine  batteries  for  the  destruction  of  vessels,  fifty 
thousand  doU.irs, 

To  construct  a  centrifugal  gun,  invented  by  Charles  S.  Dickinson,  subject 
to  the  conditions  of  the  Act  passed  for  that  purpose,  five  thousand  dollars. 

For  expenditures  in  the  Ordnance  Department  of  the  Navy  Yard  at 
Norfolk,  for  the  year  ending  February  eighteenth,  eighteen  hundred  and 
sixty-two,  one  hundred  and  fifteen  thousand  and  fifty-one  dollars. 

For  the  construction,  equipment,  and  armament  of  two  iron-clad  gun- 
boats, for  the  defence  of  the  Mississippi  river  and  the  city  of  Memphis, 
one  hundred  and  sixty  thousand  dollars.  " 

Approved  August  24,  18G1. 


Chap.   XLIII. — An  Act    to  rrpenl  the  fourth   section  of    "  An  act  to    ref/ulatc    Foreign      An".  24,  ISCI. 

Coins  in  the    Confederate  «SV<i  t*-,"    approved   March    sixteenth,  eighteen  hundred    and _- 

sixty-»ne,  and  for  other  purponcs. 


fror 
regi 

teenth,  eighteen   hundred   and  sixty-one,   be,    and    the   same   is  hereby 
repealed,  and  that  hereafter  the  following  gold  coin   shall  pass  current  as   Foreign  gold  ct-ia 
money  within  the  Confederate  States  of  America,  and  be  receivable  for  the  to    i.p  current   at 
payment  of  all  debts  and  demands  ut  the  following  r;itos,  that  is   to  say:  c"''i'°  rates.    - 
'fhe  Sovereign,  of  Luglaud,  of  no    le>s  a   weight  tliau  five    pennyweights 
and  three  grains,  and  of  the  fineness  of  (915  1-2)  nine  hundred  aiui  fii'teen 
and  one-half  thousandths,  shall  be  deenied  equal  to  four  dollars  and  eigiity- 
tive  cents ;  the  Napoleon,  of  the  weight  of  not  less  than  (-tdwt.  and  '6  1-2 
grains)  four  peimyweights,  tliree  grains  and  one-half,  and  of  a  fineness  of 
•not  less  than   (899)   eight  hundred  and  ninety-nine  thousandth.^  suill  bo 
deemed   equal   to   three  dollars  and  eighty-five  cents;    the  Spani.'-h   and 
Mexican  Doubloons,  of  no  less  a  weight  than  (17  dwt,  8  1-2  grs.)  seventeen 

13 


194  PKOVISIONAL  CONGRESS.  Sess.  III.  Ch.  44,45,46.   1861. 

pennyweiirlits,  eight  grains  and  one-half,   and  of  the   fineness   of  not  less 
than  (809)  eight  hundred  and  ninety-nine  thousandths,  shall  be  deemed 
equal  to  fifteen  dollars  and  sixty  cents. 
ApprJOVKu  August  24,  1861. 


Aij^.  29,  IPiuJ.  Chat.  XLIV. — An  Act  amendatory  of  "  Ati  art  to  jrrescrihc  tlie  rates  of  poatnge  in 
the  Confederate  States  of  America,"  approved  Febriiary  ttcenty-tliird,  eighteen  hundred 
and  sixty- one. 

ActcfiBDi,r>ii.  TJic  Covgress  of  the  Confederate  States  of  America  do  enact,  That 
£3,  ch  13,  iffload-  .^|j  ,^^^^i].j]j]^3  rafter  addressed  to  officers  of  the  several  State  governments, 

'  ,  ,  .     r-t'">i'  the  payment  of  the  postage  on   which   the  said  governments  are  res- 

T.;,-  *f''T'n*o  t'^^'c  -  ponsible,  in  the  adjustment  of  the  accounts  of  the  parties  mailing  the  same, 
q-.u>3d  on  vn  d,i!  may  be  transmitted  through  the  mails  without  the  pre-payment  of  postage 
mf.^r  *Jt''"^''>t'ci  thereon  :  Provided,  That  the  person  mailing  the  same  shall  endorse  thereon 
^^ Viliul'^^^  ^"  liis  official  title  and  the  nature  of  the  matter  mailed  ;  and  the  postage 
thereon  shall  be  collected  of  the  said  governments  at  the  office  of  delivery. 


I.         an    j,.j:.        Cn..VP.  XLY. — An  Act  raahing  further  npprn^iations  for  the  service  of  the   Poat-Offi.ce 

"'  "  ' '.__^       Di part mc lit  during  the  year  ending  the    eighteenth    February,    eighteen    hundred   and 

six'y-tu'o. 


Appropi-iation  ir      The   Congress  of   the   Confederate  States  of  America  do  enact,  That 


ceding'  I'cb    18,  the  year  ending  the  eighteenth  February,  eighteen  hundred  and  &ixty-twOo 
Approvkd  August  29,  1861. 


Au^.  29,  l?'j}.      Chap.  XLVI. — An  Ait  to  amend  an  act  cntiUed  "  An  net  to  create  the  clerical  force  of 

^   .    ,_    T^'f^f^i  '^"^  several  Departments  of  the  Confederate  States  of  America  and  for  other  purposes," 

^    ,^"«„  *    i'", "      ap-proved  March  seventh,  eiqhteen  hundred  and  sixty-one. 

V,cL.  30,  amended.       ^^  '     -^  " 

C.?rieal  forc>  of      j'^^.    Congress  of   the   Confederate  States  of  America  do  enact.  That 

I^U'*l'.fL?^!'?i'"^'the  clerical  force  of  the  War  Department  shall  be  increased  to  the  e.xtent 
iHL-at  in 0) cased,  ,  •       i  p  ^^       •  • 

and  in  the  manner  lollowmg,  to-wit : 

For  iho  offio'>  of      For  the  Office  of  the  Seche'iaky  of  War. — One  cleric,  at  the  rate  of 

tlie  Bdi-ai'.ry  o  f  ^^^.^  thousand  dollars  per  annum ;  for  the  payment  of  whom,  from  eighteenth 

of  August,  eighteen  hundred  and  sixty-one,  to  tlie  eighteenth  of  February, 

eighteen  hundred  and  sixty-two,  there  is  hereby  appropriated  the  sum  of 

one  thousand  dollars. 

Gi£'e  of  /\.^j'j-      For  the  (Jffice  of  the  Adjutant  General. — One  clerk  at  the  rate  of 

ta-.t  acnore}  twelve  hundred  dollars  per  annum;  ojie  clerk  at  the  rate  of  one  thousand 

dollars  per  annum ;  one  clerk  at  the   rate  of  eight  hundred  dollars  per 

annum*;  for  whose  payment,  fi-om  eighteenth  of  August,  eighteen  hundred 

and  sixty-one,  to  the  eighteenth  of  February,  eighteen  hundred  and  sixty- 

tv,'o,  there  is  hereby  appropiiated  the  sum  of  fifteen  hundred  dollars. 

€:>x^of<i-i.>vt-,:.      jTqjj   -njg   Qffice   OF  THE  Quartermaster  General  three    additional 

Bxsuer  Uoricrij,     clerks  at  twelve  hundred  dollxre  each  per  annum ;  three  additional  clerks 

at  one  thousand  dollars  'eacii   per  annum  ;    for   whose   payment,   from 


PROVISIONAL  CONGRESS.  Sess.  III.  Ch.  47,48,49.   1861.  195 

eigliteenth  of  August,  eighteen  hundred  and  sixty-one,  to  the  eighteenth 
of  February,  eighteen  hundred  and  sixty-two,  there  is  herehy  appropriated 
the  sura  of  three  tliousand  and  three  hundred  dolhirs. 

For  the  Offick  of  the  Commissary  General,  for  two  clerks  at  the     Office  of  Com - 
rate  of  twelve  hundred  dollars  each  per  annum  ;  for  whose  payment,  from        ^"^^     i-nera  . 
eighteenth  of  August,  eighteen  hundred  and  sixty-one,  to  the  eighteenth 
of  February,  eighteen  hundred  and  sixty-two,  there  is  Iiereby  appropriated 
the  sum  of  twelve  hundred  dollars. 

For  tub  Bukeait  of  Engineers. — One  cleric  at  twelve  hundred  dollars;     Bureau  of  Engi- 
one  clerk   at  one  thousand  dollars ;  one  draughtsman  at  twelve  hundred  °°®"' 
dollars;    for   whose   payment,  from   the   eighteenth  of  August,  eighteen 
hundred  and   sixty-one,  to   tlie  eighteenth  of  Febi'uary,  eighteen  hundred 
and  sixty-two,  there  is  hereby  appropriated  the  suna  of  seventeen  hundred 
dollars. 

Approved  Auirust  29,  18G1. 


Chap.  XLVII. — An  Act  to  aiithor{::e  the  construction  of  certain  fjun-boats.  Aug.  29,  16&1. 


The  Congress  of  the  Confederate,   States  of  America  do  enact,     That     Additional  gun- 
in  addition  to  the  gun-boats  heretofore  authorized   by  law,  the   President  ^''^^  j"   ^^  **"°' 
be,  and  he  is  hereby,  authorized,  in  his  discretion,  to  cause  to  be  constructed 
three  others,  specially  adapted  to  sea  coast  defence. 

Sec.  2.  That  the  sura  of  four  hundred  and  twenty  thousand  dollars  be,     Appropriation 
and  the  same  is  hereby,  appropriated  to  the  object  specified   in  the  fore-  *"^" 
•going  section.  ^ 

Approved  August  29,  1861. 


Chap.  XLVIII. — An  Act  to  Jix  the  fees  and  costi  in  AJviiraliij  casi-H.  Aug.  29,  18C1. 


The  Congress  of  the   Confederate    States  of  America  do  enact,  That     Fees  in  admiral - 
for   all   services   rendered    bv  clerks,  marshals,  and    district   attornevs  in  '^  ^^^^  *■<»  clerks, 
admiralty  cases  m  the  Confederate  Court.s,  and  tor  which  no  coinpon.sation  trjct  auoruovu. 
i-^  now  fixed  by  law,  there  shall  be  paid  to  said  officers,  and  allowed  to  them 
in  tiie  settlement  of  their  accounts,  the  same  costs  and  fees  as  were  allowed 
•jnder  the  laws  of  the  United  States  in  like  cases,  which  were  in  force  on 
the  eighteenth  February,  eighteen  hundred  and  sixty-one. 

•     Approved  August  29,  1861. 


OilAP.   XLIX. — ^1)1  Act  to  nuthnrise  the  Secretary  of  the  Nary  to  make  certain  contracts      Au"'.  29    1861 
icithuut  advertising  for  proposals.  ' 


The  Congress  of  the  Confederate  States  of   America  do  enact,  That  Secretary  of  Xar  7 
♦he  Secretiiry  of  the  Navy  be,  and   he  is   hereby,  authorized,  in   case  he  Sin^orgu !,'' 
should  deem  it  advisable,  to  contract  for  building  any  gun-boats  for  which  boat  ,  .(o.,  without 
appropriations  have  been,  or  may   be,   made  during  the  present  or  any  ^^ <**«»■  t' sing  fo? 
previous  session  of  Congress,  or  for  altering  other  vessels  so  as  to  convert  ^'^°*"^'*^''"' 
them  into  gun-boats,  without  advertising  for  proposals  for  such   work,  as 
roquired  by  law  :  Provided,  'I'h.it  the  contracts  so  made  shall  be  in  writing,     Proviso. 
a'l  1  shall  ho  placed  on  file  in  the  Navy   Department,  and   a  copy  thereof 
deposited,  without  delay,  in  the  office  of  the  controller  of  the  Treasury. 

Approved  August  29,  1861. 


196  PROVISIONAL  CONGRESS.   Sess.  III.  Ch.  50,  51,  52.  1861. 

August  30, 186].    Chap.  L. — An   Act  tnakinj   ctj^pmiiriation  for   the  purchase   of  a  steamer  and  certain 
lailitary  snjipHes. 


Appropriation      f/ig  Congress  of  the   Confederate  States  of  America  do  enact,  That 
for  the  purchase  of-  ^  ^^   ^^^    miUiou  V    dollars    be,  and    the    same    is    hereby, 

a    steamer     ana  .  .'  .  •'' 

military  supplies,  appropriated,  out  01  any  money  in  the  treasury  not  otherwise  appro- 
priated, for  the  purchase  of  a  steamer,  and  such  supplies  of  leather, 
shoes,  flannel  and  woolen  clothing  and  blankets  for  the  use  of  the 
troops  in  the  service  of  the  Confederate  States — the  said  appropriation 
to  be  expended  under  the  direction  of  the  President. 
Approved  AuG;ust  30,  1861. 


Au<TUst  30, 1861.    Chap.  LI. — An  Act  to  amend  the  second  section  of  "  An  act  concerning  the  transporta- 

tion  of  soldiers  and  allowance  for  clothing  of  vohmteers,  and  amendatory  of  the  'Act 

Amendment  of  §     for  the  establishment  and  organization  of  the  army  of  the  Confederate  States.'" 
2,  of  act  of  May  2 1', 

'  ■/'"  ,  The  Congress  of  the  Confederate  States  of  America  do  enact,  That 
War  authorized  to  ^hc  Secretary  of  War  be,  and  he  is  hereby,  authorized  and  required 
provide  and  furn-  to  provide,  as  far  as  possible,  clothing  for  the  entire  forces  of  the 
ish  clothing  for  the  Q^jQfg(jg^^j.g  States,  and  to  furnish  the  same  to  every  regiment  or 
'"^^^^^  company  upon  the  requisition  of  the  commander  thereof,  the  quantity, 

quality  and  kind  thereof  to  be  established  by  regulation  of  the  Depart- 
ment, to  be  approved  by  the  President ;  and,  in  case  any  State  shall 
furnish  to  its  troops  and  volunteers  in  the  Confederate  service  such 
clothing,  then  the  Secretary  of  War  is  required  to  pay  over  to  the 
Grovernor  of  such  State  the  money  value  of  the  clothing  so  furnished. 
Commutation  for  Sec.  2.  The  commander  of  every  volunteer  company  shall  have  the 
clothing.  privilege  of  receiving  commutation  for  clothing  at  the  rate  of  twenty- 

five  dollars   per   man   for   every   sis   months,  when   they   shall   have 
furnished  their  own  clothing. 
Approved  August  30,  1861. 


AT5ffust  30, 1861.    Chap.  LII. — An  Act  to  authorize  the  establishment  of  recruiting  stations  for  volunteere 
■ '■ from  the  States  of  Kentxieliy,  Missouri.,  Maryland  and  Dclaxcare. 

Eoeruiting  sta-  The  Congress  of  th".  Con f  derate  States  of  America  do  enact,  That 
tions  for  volunteers  |-];jg  President  be,  and  he  is  hereby,  authorized  to  establish  recruiting 
Misswiri  ^"^Mary- ^^'^^io'^^  within  the  Confederate  States  for  the  reception  of  volunteers 
land  and  Dela- into  the  military  service  of  the  Confederate  States  from  among  persons 
■^^.re.  yf\Q  ^xQ,  or  have  been,  residents  of  the  States  of  Kentucky,  Missouri, 

Maryland  and  Delaware. 

Commissions  as  Sec.  2.  That  the  President  be  authorized  to  grant  commissions  as 
Captains  to  per- (Jajjtains  to  such  persons  as  he  may  think  fit  to  raise  and  command 
!nf„*,v,l"!,  f**^^.?  ^"^   companies  to  be  composed  of  such  volunteers  ;  upon  the  condition  how- 

commanoi    compa-  i  ^        rr  in  iii  i-  -i  i 

nies  composed  of  ever,  that  such  officers  shall  not  hold  rank  or  receive  pay  until  such 
saich  volunteers,     companies  have  been  raised  and  are  mustered  into  service. 

Organization  of     Sec.  3.  Whenever  such  recruits  shall  amount  to  a  suificient  number 

voluteers  into  com- tQ  jjg  formed  into  companies,  the  President  may  direct  the  same  to  be  so 

men'tbt  *^°    ^''^^"  organized,  appointing  all  commissioned  officers  of  the  several  companies 

in  addition  to  the  captains  provided  for  in  the  preceding  section.     And 

such  companies  may  be  organized  into  regiments  in  like  manner  under 

the  direction  of  the  President. 


mOVISIONAL  CONGRESS.    Sess.  III.    Ch.  53,  54.     1861.  197 

Sec.  4.  Until  such  recruits  shall  amount  to  a  sufficient  number  to  ^e  ^i^^^.^^'^^fjp" 
orfjanized  into  companies,  they  shall  receive  no  compensation  except  ^^.^jj^  ^^.g^^j^g^ 
their  clothing  and  rations. 

Approved  August  30,  1861. 


Chap.    LIII.— vln   Act   to   audit    the    accounts  of   (he    rt«pecthe    States    against   the    August  30, 1861. 

Confcdtracy.  ■ —  ' 

The  Congress  of  the   Confederate  States  of  America-  do  enact,  That     Auditing  of 
it  shall  be  the  duty  of  such    Auditor  or  Auditors  of   the  Treasuv}  '^'^  ^«J^^J  ^,^« 
Department,  as  may  be  designated  by  the  Secretary  of  the  Treasury, ,    ,,feaerate   Gov- 
and  to  that  end  the  said   Secretary  be  authorized   to  appoint  as  many.inu.cnt. 
extra  clerks  for  the  time,  a5  he  may  deem  necessary,  at  the  rate  of 
salary  now  allowed  for  clerks  of  the  Treasury  Department,  to  audit  the 
accounts  and  claims  of  the  respective  States  of  the  Confederacy  against 
the  Confederate  Government  for  the  advances  and  expenditures  made 
by  the  said  States  respectively  for  the  use  and  benefit  of  the  Confederacy 
in  preparation  for  or  in  conducting  the  war  now  existing  against  the 
United  States,  and  all  claims  for  advances  or  expenditures  of  any  kind 
made  by  any  State  prior  to  the  passage  of  its  ordinance  of  secession, 
shall  be  shown  to  have  been   made    in  contemplation  of   the  act  of 
secession  afterwards  consummated,  and  of  the  war  that  might  probably 
ensue,  or  in   the   seizure   or   acquistion  of  forts,  arsenals,  navy  yards, 
armaments,  munitions  and  other  useful   instrumentalities  of  war,  or  in 
the  purchase  or  manufacture  of  arms  or  munitions  which  have  since 
been  tran.sferred   to  the   Confederacy,  or   in   some  regular  mode  bee; 
brought  into  its  service  for  the  prosecution  of  the  war  aforesaid,  befy. 
such  claims  shall  be  audited  and  the  amount  ascertained. 

Sec.  2.  And  in  auditing  the  claims  of  the  States  of  Virginia,  ^'^^'^^^  .^.^^J'^^^^^'^JtS^ 
Carolina  and  Tennessee,  reference  shall  be  had  to  the  special  compacts  ^ ('.,.;  ^^fg^^^^.^  ^^ 
and  eno-af^ements  had  with  those  States  respectively  by  the  Confederate ',.,  i.ai  to  the  ape- 
Government  in  view  of  their  proposed  adhesion  to  the  Provisional  ^'<^"- J^^^J^^^P*^^*' ""''^ 
stitution,  or  of  the  support  of  their  armaments  and  the  prosecution  of 
the  war  afterwards,  and  all  claims  coming  fairly  within  the  purview  of 
such  compacts,  being  properly  verified  by  vouchers,  shall,  in  favor  of 
said  States,  be  audited  and  ascertained. 

Sec.  3.  That  proof  shall  be  made  in  all  cases  by  proper  vouchers  to     Proof, 
the  satisfaction  of  the  Auditor  that  the  amount  claimed  was  actually 
advanced  or  expended,  that  the  expenditure  was  proper,  and  no  greater     Rc.-tricticn  as  to 
amount  for  pay  and  services  shall  be  audited   than  is  allowed  by  the  •'^'"""° 
regulations  of  the  Confederate  Government  fot  pay  and  services  in  \^ic  ^  tSt^^wS^'ll 
like  cases,  and  the  Auditor  shall  make  a  special  report  of  his  action  ^^^ngrcss.  ' 
under  this  law  to  the  Congress  at  its  next  session. 

Sec.  4.  The  Secretary  of  the  Treasury  shall  cause  notice  to  be  for-    Not'ee  to  eiecu- 
warded  to  the  executive  of  each  of  the   States  of  this  Conf.deracy, !'•;:;=  ;^^^^e»<=b^state 
immediately  after  the  passage  of  this  Act,  calling  on  such  executive  to 
forward  the  claims  which   may  be  held  by  his  State,  subject  to  b'. 
audited  under  the  provisions  of  this  act. 

Approved  August  30, 1801. 


CiiAP.  LIV.— --Ih  Act  to  cstnllinh  certain  Post  liotites,  theriin  named.  August  30, 1861 

Section  1.    The  Congress  of  the  Confederate  States  of  America  do     Post  routes  e 
enact,  That  there  be  e.stablished  the  following  post  routes,  viz  :  From  tabUsbed. 


198 


PROVISIONAL  CONGRESS.    Sess.  III.    Ch.  55,  56.     1861. 


Loving  Creek  Post-Office  to  Wade's  Post-Office,  in  Bedford  county, 
Virginia.  Also,  from  Charleston,  in  the  county  of  Tallehatchie,  to 
Friar's  Point,  iu  the  county  of  Coahoma,  Mississippi.  Also,  from 
Cullodeu  to  Baruesville,  in  the  State  of  Georgia.  Also,  that  a  route 
he  estahlished  from  Calliouu,  on  the  Alabama  and  Florida  railroad^  in 
the  county  of  Lowndes,  in  the  State  of  Alabama,  to  Benton,  in  said 
county,  through  Mount  Willing  and  Gordousville.  Also,  a  post  route 
from  Clarkesville,  in  Mecklenburg  county,  Virginia,  to  Brownsville,  in 
the  State  of  North  Carolina.  From  Mullens  to  Lime  Kiln,  via  Campbell 
Home,  in  Alabama.  Also,  from  Morganton,  in  Burke  county,  North 
(Jarolina,  to  Johnson's  Depot,  Tennessee.  Also,  a  post  route  from 
Louisville,  in  the  county  of  Winston,  to  Vaiden,  iu  the  county  of  Car- 
roll, in  the  State  of  Mississippi.  Also,  from  Wilmington,  North 
Carolina,  to  Wadesboro',  via  Wilmington,  Charlotte  and  Rutherford 
railroad.  Also,  from  Jeiferson,  Ashe  county.  North  Carolina,  to  Marion, 
Smyth  county,  Virginia.  Also  from  Clarksville  to  Spadra  Bluff,  in 
Johnson  county,  Arkansas. 

Approved  August  30,  1861. 


August  30, 1861.    Chap.  LV. 


Preamble. 


-An  Act  autJioriziiig  the   President  to  inflict  retaliation  upon  the  j^srsons  of 

2>riii07iers. 


Whereas,  The  Government  of  the  United  States  has  placed  in  irons 
and  lodged  in  dungeons,  citizens  of  the   Confederate   States  acting 
under  the  authority  of  Letters  of  Marque,  issued  in  accordance  with 
.  the  laws  of  the  Confederate  States,  by  the  President  thereof,  and 
have  otherwise  maltreated  the  same,  and  have  seized  and  confined 
sundry  other  citizens  of  the  said   Confederate  States,  in  violation  of 
all  principles  of  humane  and  civilized  warfare ;  Therefore, 
J3e  it  enacted  hy  the  Congress  of  tlie   Confederate   States  of  America, 
Retaliation   o  n  That  the   President  be,  and   he   is  hereby,  authorized   to  select  such 
the  persona  of  pn-pj.jgQfjgrs  taken  from  the  United  States,  and  in  such  numbers  as  he  mixTj 
deem  expedient,  upon  the  persons  of  whom  he  may  inflict  such  retalia- 
tion, in  such  measure  and  kind,  as  may  seem  to  him  just  and  proper. 

Approved,  August  30,  1801. 


August  30,  1861. 


Chap.  LVI. — An  Act  to  provide  for  the  defence  of  the  Mississippi  River. 


Floating (lefencea       Ihe  Congress  of  the   Confederate    States  of  America  do    enact,  Tliat 
river.^     ississippi  jj^g  President  be,  and  he  is  hereby,  authorized  to  cause  such  floating  de- 
fences, as  he  may  deem  best  adapted  to  the   protection  of  the  Mississippi 
i-iver,  against  a  descent  of  iron  plated  steam  gun-boats,  to  be  constructed 
or  prepared  with  the  least  possible  delay. 

Approved  August  30,  1861. 


PROVISIONAL  CONGRESS.  Sess.  III.  Ch.  oT,  58,  59.   1S6I.  193 

Chap.   LVII. — An  Ah  to  amend  an  act  entitled  "^«  ort   to  cKtahfixh  n  Patent  Ojffice,   Auicusi  30,  1881. 

and  to  provide  for   the  granting  and   ixixie  of  pntenin  fur  ne^r   and  ni'/ul   dincorerice, ^ 

inventiont,  improvements  and  denignu,"  approved  May  21,  IStil.  Actof  tool,  VI  y 

r.  1,  ch    46,  :iiri.3;  4- 

The  Congress  of  the  Confederate  States  of  Atnerica  do  enact,  That  th*?     A?s!?fat  t  »x;m- 
commissioner  of^  patents,  with  the  approval  of  tlie  Attorney  General,  shall  '^oar^    of    pa»o'.»3 
have  power  to  appoint,  in  addition  to  the  examiners  of  patents,  provided  "^''^    *  .-»rpf'»»'''^  • 
by  the  second  section  of  the  abov<}  recited  act,  svich  assistant  examiners  at 
a  salary  of  fifteen  liundred  dollars  per  annum,  as  maybe  required  to  trans-     ^'- '•'>*'y- 
act  the  current  business  of  the  patent  office  'vith  dispatch. 

Sec.  2.  Aiid  be  it  further  enacted,  That  the   commissioner,   with    lilc^     T,To,!<tcr:g'T    for 
approval,  may  appoint  a  messonojor  for  said  office,  at  a  salary  of  three  hun-  '^'^'.?"'  \*?''^' 
dred  and  sixty  dollars  per  annum. 

Sec.  3.  And  be  it  further  enacted,  That  the  commissioner  be,  and  he  is     Ptc  p.-ij-.ncrt  .f 
horebv,  authorized  to  require  applicants  for  patents,  and  all  other  iiersons  T'*'"'"'B^  '•>  »?{■'»- 
■ivith  whom  he  is  obliged   to  correspond  or  to  whom    drawings   and    other  j^^^j  ^,,j^^,j,_    '  ""' 
papers  have  to  bejx'.tiirned  for  alteration  or  correction,  to  deposit  a  suffi- 
cient sum  of  monev  to  pay  the  postage  :  Provided^  That  in  no  single  case 
*ihall  the  deposit  so  recpiired  exceed  two  dollars. 

Apj-aovED  August  30, 1801. 


Chap.   LVIII. — An  A<:t  to  pror.!d^  a  mcdr  o/ authcntieating  rJnimi/or  hwk^i/ ogainetthf    .^u2u;t30    1861. 
VvPj'edcrate  States,  not  otherwise  provided  for.  . ' 

The  Congress  of  the  Confederate^    States  of  America  do  enact.  That     r;i;.ir.i3  f«.r  mo- 
all  parties  having  claims  for  money  against  the  Government  of  the  Con- "/>  -''i^ii':*?^  ;^o  j'- 
federate  States,  for  the  proof  and  payment  of  which   there  is  no  mode  ^^^^1'°^,  ^j-  ]'^*tf)'^noy 
provided  by  existing  laws,  before?  receiving  payment  of  the  same,  shall  file  (}.3nor:il. 
tliem  in  the   office  of  the   Attorney   General ;  and  shall   produce,   before     Proof, 
said  officer,  at  such   time,  and  in  .such   manner  as  lie  shall   appoint,  their 
testiniou}-  proving,  or  tending  to  prove,  such   claims.     And,  at  the   next     Report   thorr'f.n 
succeeding  session  of  Congress  after  the  hearing  of  proof,  or  at  any  session  ^7  Aturnoy  Uon'3- 
of  Congress  during  whicJi  a  hearing  of  proof  upon   any  claim  is  had  by"'    ''"^  '  *'^o"'^'' 
tlie  Attorney  General,  he  shall  report  to  the  Congress  such  claims  as  he 
has  allowed  and  recommend  their  payment,  and  he  shall  also  report  such 
claims  as  lie  has  refused  to  allow. 

Si:c.  2.  Be  it  farther  enacted,  That  all  citizens  of  the  Confed-erate  ^A-.-'^af  ^f  citi- 
States  holdino-  demands  aijainst  the  Government  of  the  United  States, '■'^"^  "^J  .V*'  ir"  '^' 
may  nle  tlie  same  hi  tlie  orrice  ot  tiie  Attorney  (leueral ;  and  tlie  Attorney  ^j^y  50  fiua  in  r».o 
General  shall  hear  proof  of  such  claims,  and  cause  such  proof  to  be  taken  cfScc  (f  the  A  toe- 
down  in  writing  and  filed  in  his  office;  or  lie  may,  in  his  discretion,  per- ^®Y,  *^*'""-"- 
niit  written  testimony,  taken  by  deposition,  or  in  answer  to  interrogatories 
filed,  to  be  placed  on  file  in  his  office,  as  evidence  of  such  claims.  But  'Vh.m  Attornty 
he  shall  not  pass  upon  the  sufficiency  of  such  evidence,  nor  make  a  report  ^*'"" '•  ^°  ?h«is 
to  Congj-css  upon  sucia  claims,  uiitil  the  close  ot  tlte  existing  war.  ^uc^  ct-iim?. 

AiTKOVEt*  August  30,  1861. 


Chap.  LIX. —  An  Act  to  collect,  for  distribution,  the  monei/i  remmniiig  in  the  several  Poft    Atigutf  ."^O,  !.'*fll. 
'OjTiecs  of  the  Confederate  States  at  the  tisie  the  pottal  service  teas   tak'K  in  charge  by 
««<"(<  Government. 

The  Congress  of  the  Confederate   States  of  A nur tea  do  enact.  That     ro'trn:t«f.  r  O.  n- 
jt  shall  be  the  duty  of  the  Postmaster  General  to  collect  all  moneys  due*'''-'  ^"^  cai  ct  00- 


200  PROVISIONAL  CONGRESS.     Sess.  III.     Ch.  60.     1861. 

)i\v3    due    fromfroin  the  several   postmasters  within  the  Confederate  States,  and  which 

1«  'ituiMters  at  tlie(.j^^^,  bad  not  paid  over  at  the  time  the  Confederate  States  took  the  charge 
t.vne  tae  C.  S.  took    ,.  -  i        .  ,      .  ,  ^  ^  ,         ,  .      , » 

cLri^e   of    postal  o:  the  postal  service,  and   the  several   postmasters  are  hereby  required  to 

scuioe.  account  to  tlie  General  Post-Office  of  this  Government  under  the  same  rules, 

re^'ulatiiis  and  penalties  that  were  prescribed  by  the  law  under  which  said 

moneys  were  received. 

II  -V  to  be  a')-      Sec.  2.  The  moneys  so  received  shall  be  kept  separate  and  distinct  from 

1  :.'^;Uted.  the  Other  funds  of  the  Post-Office  Department,  and  shall  constitute  a  fund 

for  the  pro  rata  payment  of  claims  for  postal  service  which  accrued  before 

the  Postmaster  General   took  charge  of  the  postal   service  in  the  States 

respectively  comprising  this  Confederacy,  as  may  hereafter  be  provided. 

Td  make  procla-      Sec.  3.  It  shall  be  the  duty  of  the  Postmaster  General  to  make  procla- 

ir  lion  to  citizens  ,i; a tion   that  all   persons  who  are  citizens  of  the  Confederate   States  of 

iri-e  rendered  pos- '^^'"'^'''^'''''  ^^'^  ^^'^'^  '"^J  ^1^^'G  rendered  postal  service  in  any  of  the  States 

til  service   under  of  this  Confederacy,  under  contracts  or  appointments  made  by  the  United 

t'-o  U.  S.  Govern-  States  Government  before  the  Confederate  States  Government  took  charge 

ru -n     to   present ^j-  g^^j^.j^  service,  shall  present  their  claims  to  his  department,  verified  and 

fi   i,    io.,    to   his  established  according  to  such  rules  as  he  shall  prescribe,  by  a  time  tlierein 

dcj.artmoiit.  to  be  set  forth   not  less   than   six  months,  and  requiring   tJie  claimant  to 

0- ih of  cliiiiuant.  state,  under  oath,  how  much  has  been  and  the  date  of  sucli  payments,  on 

account  of  the  contract  or  appointment  under  which  said  claim  occurred, 

and  what  fund  or  provision  has  been  set  apart  or  made  for  the  furthei' 

payment  of  the  whole  or  any  portion  of  the  balance  of  such  claim,  by  the 

Government  of  the  United  States,  or  of  any  of  the  States;  and  they  shall 

also  state,  on  oath,  whether  tliey  performed  fully  the  service  according  to 

their  contracts  or  appointments  during  the  time  for  which  they  claim  pay, 

and  if  not,  what  partial  service  they  did  perform,   and  what  deductions 

liave  been  made  from  their  pay,  so  fav  as  they  know,  on  account  of  any 

failure,  or  partial  failure,  to  perform  such   service;  and  the  Postiriaster 

General  sliall,  as  soon  as  he  shall  have  collected  such  moneys  from  said 

postmasters,  and  ascertained  the  amount  of  claims  against  the  Post-Office 

Department  and  the   amount   received  respectively  by  the  claimants  as 

^^  aforesaid,  and  the  provisions,  if  any,  for  future  payment,  make  a  report  of 

by  the  Postiuast-r  ^^^^  $:vne,  so  that  future  action  may  be  taken  thereon  as  respects  the  dis- 

OeQ.eral.  trlbutiou. 

Claims,    when      Sec.  4.  All  claims  for  postal  service  required  to  be  presented  by  tliis 
^-"''■'-'  ^*  bill  shall  be  barred  as  against  this  fund,  unless  presented  within  six  months 

after  the  proclamation  of  the  Postmaster  General  shall  have  been  made. 
Appuoved  August  30,  1861. 


August  30,  18GJ.    Cuap.   LX. — An  Act  io  rerpn're  the  receipt  hy  the  Pogtmnstcm  of  the  Confederate  States 

■       of  Treasury  Notex,  in  sums  of  fj:c  dollara  and  i.pwayds,  in  pa^nunt  uf  poita'je  stamps 

or  a'amped  envelopes. 

Treasury    notoi?      The  Congress  of  the  Confederate  States  nf  America  do  enact,  That 

Dar''^.  ^Tf ''^'^■t.  *°  ■'^'^   ^'^'^'^  ^°   ^'"'   l^c>^t"i aster  General   shall   procure  postage   stamps  and 

s^iLapj  and  blimp- •'^tamped  envelopes,  that  the  postmasters  throughout  the  Confederafe  States 

cd  vuyelopes.         be  required  to  reccivG  the   Treasury  notes  of  the   Confederate   States  at 

par,  for  said  stamps  and  stamped  envelopes,  in  all  cases  where  the  amount 

of  stamps  or  stamped   envelopes  applied  for  shall  be  five   dollars  or  other 

sums  for  which  the  Confederate  Ti'easury  notes  are  issued. 

Ealorsement  by      Sec.  2.  Be  it  further  enacted,  That  the   endorsement  by  a  member  of 

ra^m^jr   of    Cou- Congress  of  his  name  on  newspapers  or  other  pnnted  matter  sent  by  him 

gt'-i  of  his  name  ii  i     .i  -i      i     n        l  ^  i-  i  i  ,        i  •      i  i"  •       .. 

u .- 1 )  su^jject  him  "H'ougb  the  mail,  shall  not  by  reason  ot  such  endorsement  subject  him  to 
to  ia^reass  of  post-  letter  or  other  increase  of  postage. 
^=''"  Approved  August  30,  1861. 


PROVISIONAL  CONGRESS.     Sess.  III.     Ch.  61.        1861.  201 

Chap.   LXI. — An  Act  for  the  sequestration  of  the  estatet,  property  and  effects  of  alien    Augu.'t  30,  1361. 

enemies,  and  for  the  indemnity  of  citizens  of  the  Confederate  K>tate8,  and  j)ersons  aidinj — 

the  same  in  the  exiitinj  war  with  the  United  Stales. 

Whereas  the  Government  and  people  of  the  United  States  have  departed  PrearMe. 
from  the  usages  of  civih'zed  warfiire  in  confiscatinfj  and  destroying  the 
property  of  the  people  of  the  Confederate  States  of  all  kinds,  whether  used 
for  military  purposes  or  not;  and  ^l<k€)•cas,  our  on\y  ])rotection  against 
such  wrongs  is  to  he  found  in  such  measures  of  retaliation  as  will  ulti- 
mately indemnify  our  own  citizens  for  their  losses,  and  restrain  tl;.' 
wanton  excesses  of  our  enemies  :  Therefore — 

Be  it  enacted  by  the   Conrfress  of  the    Confederate  States  of  Amer'nu,     t-'-qi^'^tratnin  o; 
That  all  and   every  the  lands,  tenements   and   hereditaments,  goods  and  ^^'^l^j,**;'^,;^ 
chattels,  rights  and   credits  within   these   Confederate  States,   and   every 
right  and  interest  therein  held,  owned,  possessed  or  enjoyed  hy  or  for  any 
alien  enemy  since  the  twenty-first  day  of  May,  one  thousand  eight  hundred 
and  sixty-one,  except  such  debts  due  to  an  alien  enemy  as  iiiay  have  been 
paid  into  the  Treasury  of  any  one  of  the  Confederate  States  jM'ior  to  the 
passage  of  this  law,  be,  and   the   same   are   liereby,   sequestrated  by  the     Purpose  of  tliis 
Confederate  States  of  America,  and  shall  be  held  for  the  full  indemnity  of '^'''' 
any  true  and  loyal  citizen  or  resident  of  these  Confederate  States,  or  other 
person  aiding  said   Confederate  States  in  the  ]irosecution  of  the  present 
war  between  said'Confederate  States  and  the  United  States  of  America, 
and  for  which  he  may  suft'er  any  loss  or  injury  un<ler  the  act  of  the  United 
States  to  whii;h  this  act  is  retaliatory,  or  under  any  other  act  of  the  United 
States,  or  of  any  State   thereof  authorizing  the  seizure,  condemnation,  or 
confiscation  of  the   properly  of  citizens  or  residents  of  the   Confederate 
States,  or  other  person  aiding  said  Confederate  States,  and  the  same  shall 
be  seized  and  disposed  of  as  provided  for  in  this  act :  Provided,  however,     Proviso. 
When  the  estate,  property  or  rights  to  be  effected  by  this  act  were,  or  are, 
within  some  State  of  this  Confederacy,  which  has  become  such  since  said 
twenty-first  day  of  May,  then  this  act  shall  operate  upon,  and  as  to  sucli 
estate,  property  or  riglits,  and  all  persons  claiming  the  same  from  and  after 
the  day  such  State  so  became  a  member  of  this  Confederacy,  and  not  be- 
fore :  Provided,  further,  That  tlie   provisions  of  the  act  shall  not  extend     ^'".*  *"  ^'^f^  *° 

"•  ccrtfltiii    stocks    or 

to  tlie  stocks  or  other  public  securities  of  the  Confederate  Government,  or  other  public  sccu- 
of  any  of  the  States  of  this  Confederacy  held  or  owned  by  any  alien  rities. 
enemy,  or  to  any  debt,  obligation,  or  sum   due  from  the  Confederate  Gov- 
ernment, or  any  of  the  States,  to  such  alien  enemy:  And  2»'ovided,  also, 
That  the  provisions  of  tliis  act  shall  not  embrace  the  property  of  citizens  ^^^  pronertv^onhe 
or  residents  of  either  of  the  States  of  Delaware,  Maryland,   Kentucky  or  citizons  or  rcsi- 
Missotiri,  or  of  the  District  of  Columbia,  or  the  Territories  of  New  Mexico,' ''fu's   of    certain 
Arizona,   or  the  Indian   Territory   South  of  Kansas,  except  such  of  said  ^1,^^^^  ""'^   ■'■'®"'' 
citizens  or  residents  as  shall  commit  actual  hostilities  against  the  Confede- 
rate States,  or  aid  and  abet  the  United  States  in  the  existing  war  against 
the  Confederate  States. 
~^Sec.  2.  And  be  it  farther  enacted,  That  it  is,  and  shall   be.  the  duly  of     I>"ty  "f  citizens 

each  and  every  citizen  of  these  Confederate  Slates  speedily  to  give  jnYor- *'' """f^ '"^^t"  "*" 
i"/v.  I  I'll  •  /»i'i  '7  1  pri'pcriv      tcquca- 

mation  to  the  omcers  ciiarged  with   the  execution  of  this  law  of  any  aiiu  trateS. " 

every  lands,  tenements  and  liereditaments,  goods  and  cliattels,  rights  and 

credits  within  this  Confederacy,  and  of  every  right  and  interest  therein 

held,  owned,  possessed  or  enjoyed  by  or  for  any  alien  enemy  as  aforesaid. 

Skc.  3.  Be  it  further  enacted,  That  it  shallbe  the  duty  of  every  attor-   Aitoraey.sagenta, 

nev,  ajyent,  former  partner,  trustee  or  other  person  holding  or  controilin<r  f"'^"!"'^     ''^'^'It'*' 

•  '    =^ ,     ,       ,      ,    '  '        ,         ,.  ^  ,  1  I        •    1  trii.-itees,  ana  other 

any  such   lands,  tenements  or  hereditaments,  goods  or  chattels,  rigiits  ov  n  hiriaricsi  to  give 

credits,  or  any  interest  therein,  of  or  for  any  such  alien  enemy,  speedily  tu  information  to  ro- 

inform  the  receiver  hereinafter  provided  to  be  appointed,  of  tlie  same,  and  *'»*'^*r  ^""^  render 

to  render  an  account  tliereof,  and,  so  far  as  is  practicable,  to  place  the 


202  PROVISIONAL  CONGRESS.     Sess.  III.     Ch.  61.     1861. 

^cqmttedofrcs-.-f,;iie  iti  the  hands  of  such  receiver;  whereupon,  such  person  shall  be  fully 

perty  reported  ami  ^^^"i^^^d  of  all  responsibility  for  property   and   effects  so  reported  and 

turned  over.  turned  ovei".     And  any  such   person  wilfully  failing  to  give  such   informa- 

Penalty  for  fail-  (ion  and  render  such  account  shall  be  guilty  of  a  high  misdemeanor,  and 

'"^^'  upon  indictment  and  conviction,  shall  be  fined  in  a  sum  not  exceeding  five 

thousand  dollars,  and  imprisoned  not  longer  than  six  months,  said  fine  and 

imprisonment  to  be  determined  by  the  court  trying  the  case,  and   shall 

Liable  to  be  ^uc;]  further  be  liable  to  be  sued  by  said  Confederate  States,  and   subjected  to 

by  the  C.  S.  ^-,^y  (\qh\j\q  i[^q  value  of  the  estate,  ])roperty  or  effects  of  the  alien   enemy 

licld  by  him  or  subject  to  his  control. 

_This_  act  to  T.o      ^kc.  4.  It  shall  be  the  duty  of  the  several  judges  of  this  Confederacy 

fhrgraLuurfel^"  ^"  ^i^"-  t^"^  ^^t  specially  in  charge  to  tlie  grand  juries  of  these  Confede- 

Their  duty.    *    ^^^'^  States,  and  it  shall  be  their  duty  at  each   sitting  well  and  truly  to 

enquire  and   report  all   lands,  tenements  and   hereditaments,   goods   and 

llcsciver  to  take  ^'^^^^tels,  rights  and  credits,  and  every  interest  therein,  within  the  jurisdic- 

■  .py  of  report  of  tion  of  said  grand  jury,  held  by  or  for  any  alien  enemy,  and  it  shall  be  the 

.uc  grand  jury  aid  duty  of  the  several   receivers,  appointed   under  this  act,  to  take  a  copy  of 

property  "reported' •'^''      report,  and  to  proceed  in  obtaining  the  possession  and  control  of  all 

and  proceed  to  te-  ^"^'li  property  and  effects  repoi-ted,  and  to  institute  proceedings  for   the 

questrate  the  same.  se<]uestration  thereof  in  the  manner  hereinafter  provided. 

App(dntmeut  of      Sec.  5.  Be  it  further  enacted.    That  each  judge  of   this  Confederacy 

receivers.  shall,  as  eai'ly   as  practicable,  appoint  a  receiver  for  each   section  of  the 

State  for  which   he  holds  a  court,  and  shall  require   him,  before  entering 

Bond.  upon  the  duties  of  his  office,  to  give  a  bond  in  such   penalty  as  may  be 

pre'-'-ribed  by  the  judge,  with  good  and  sufficient  security,  to  be  approved 

by  the  judge,  conditioned  that  he  will  diligently  and  faithfnlly  discharge 

Tenure  of  office  ^^^^  duties  imposed  upon  him  by  law.     And   said  officer    shall   hold  his 

'  office  at  the  pleasure  of  the  judge  of  the  district  or  section  for  which  he 

is  appointed,   and  shall  be  removed   for  incompetency,  or  inefficiency,  or 

infidelity  in   the  discharge  of  his  trust.     And  should  the  duties  of  any 

districts   aml^ap-"'^'^'^''^  receiver,  at  any  time,  appear  to  the  judge  to  be  greater   than  can  be 

pointment  of  other '^'^i'^'^^^tly  performed  by  him,   then  it  shall  be  the  duty  of  the  judge   to 

receivers.  divide  the  district  or  section  into  one  or  more  other  receivers'  districts, 

according  to  the  necessities  of  the  case,  and  to  appoint  a  receiver  for  each 

of  ^:iid  newly  created  districts.     And  every  such  receiver  shall  also,  before 

"■    ■  (Miiering  upon  the  duties  of  his  otfice,  make  oath  in  writing  before   the 

j.idge  of  the  district  or  section  for  which  he  is  appointed,  diligently,  well 

and  truly  to  execute  the  duties  of  his  office. 

Receiver  to  take      Sec.  6.  JBe  it  further  enacted.,  That  it  shall   be  the  duty  of  the  several 

possession,  ic,  of  vcccivcrs  aforesaid  to  take  the  possession,  control  and  management  of  all 

the      property      of,         ,        ,  .  l   l  t  ^  t  t      ^  ^         •    ^^  ^  t 

uJien  enemies.         lands,  tenements  and  Jiereditaments,  goods  and  chattels,  riglits  and  credits 
of  each  and  every  alien  enemy  within  the  section  for  which  he  acts.    And 
May  sue  fur  and  ^^  ^''^^  ^'^^^^  ^*G  is  empowered  and  required,  whenever  necessary  for  accom- 
rccover  same.         plishing  the  purposes  of  this  act,  to  sue  for  and  recover  the  same  in  the 
name  of  said  Confederate  States,  allowing,  in  the  recovery  of  credits,  such 
delays  as  may  have  been,  or  may  be,  prescribed  in  any   State  as  to  the 
Form  Qf  action.  *^'^'^^*^^^'^"  ^^  debts  therein  during  the  war.     And  the  form  and  mode  of 
a'-tion,  whether  the  matter  be  of  jurisdiction  in  law  or  equity,  shall  be  by 
petition   to   the  court  setting  forth,  as  best  he  can,  the  estate,  property, 
riglit  or  thing  sought  to  be  recovered,  with  the  name  of  th.e  person  hold- 
ing, exercising  supervision  over,  in  possession  of,  or  controlling  the  same, 
Notice  to  person  fis  the   case   may   be,  and  praying  a  sequestration  thereof.     Notice  shall 
controUin"-      t  h°e  ^^^^'^'^^'P^'^  '^'^  forthwith  issued  by  the  clerk  of  the  court,  or  by  the  receiver, 
property.  to  such   person,  with  a  copy  of  the  petition,  and  the  sam-e  shall  be  served 

by  the  marshal  or  liis  deputy  and  returned  to  the  court  as  other  mesne 
.Docketing     ofP''<""'ess  in  law  cases;  whereupon,  the  cause  shall  be  docketed  and  stand 
■  '''"-*^-  f'->i'  trial  in  the  court  according  to  the  usual  course  of  its  business,  and  the 


PROVISIONAL  CONGRESS.     Sess.  III.     Ch.  61.     1861.  203 

court  or  judge  shall,  at  any  time,  make  all  orders  of  seizure  that  may  Court  or  judge 
seem  necessary  to  secure  the  subject-matter  of  the  suit  from  danger  of  ™f^*^e™u*e^„r*^sale 
loss,  injury,  destruction  or  waste,  and  may,  pending  the  cause,  make  orders  to  preserve  proper- 
of  sale  in  cases  that  may  seem  to  such  judge  or  court  necessary  to  preserve  ty  from  waste, 
any  property  sued  for  from  perishing  or  waste :  Provided.  That  in  any  When  property 
case  when  the  Confederate  iudo-c  slifdl  find  it  to  be  consistent  with  the '"■''-y  ^^c  left  in  the 
/•I  ■  /.  ,1  i  i       J    i     I  ii,  •     4i      1         7    handsof  the  debtor 

safe-kee])ing  ot  the  property  so  sequestered,  to  leave  the  same  in  tlie  hands  ^^  ^^.^^^  person. 

and  under  the  control  of  any  debtor  or  person  in  whose  hands  the  real 

estate  and  slaves  were  seized,  who  may  be  in  possession  of  the  said  ])rop- 

ertj'^  or  credits,  he  shall  order  the  same  to  remain  in  the  hands  and  under 

the  control  of  said,  debtor  or  person  in  whose  hands   the   real  estate  and 

slaves  were  seized,  requiring  in  every  such  case  such  security  for  the  safe-     Security  for  i)s 

keeping  of  the  property  and  credits  as  he   may  deem   sufiicient  for  the  "  P'"^' *'"• 

purpose  aforesaid,  and  to  abide  by  such  further  orders  as  the  court  may 

make  in  the  premises.     ]?ut  this  proviso  shall  not  apply  to  bank  or  other     This  proviso  not 

corporation  stock,  or  dividends  due,  or  which  may  be  due  thereon,  or  to  rents  to  apply  to  stocks 

on  real  estate  in  cities.     And  no  debtor  or  other  ]ierson  shall  be  eutitle<l  ^Jj.^^y|^*^^^||^j^j^' ^"^ '** 

to  the  benefit  of  this  proviso  unless  he  has  fii'st  paid  into  the  hands  of  the 

receiver  all  interests  or  net  profits  which  may  have  accrued  since  the 

twenty-first  May,  eighteen  hundred  and  sixty-one;  and,  in  all  cases  coming    Interest  or  profits 

under  this  proviso,  such  debtor  shall  be  bound  to  pav  over  annuallv  to  thef*"  prf'r«rty  left  in 

11  •    1         1      I  •   1  ii  yii     J  I  Ii  hands  of  debtor  or 

receiver  all  interest  winch  may  accrue  as  the  same  falls  due;  and  the  per- y,i^gj.  pg^son  to  be 

son  in  whose  hands  any  other  property  may  be  left  shall  be  bound  to  paid   over  to    re- 

'account  for,  and  pay  over  annually  to  the  receiver,  the  net  income  or  pro- reiver. 

fits  of  said  property,  and  on  failure  of  such  debtor  or  other  person  to  pay 

over  such  interest,  net  income  or  profits,  as  the  same  falls  due,  the  receiver 

may  demand  and  recover  the  debt  or  property.     And  wherever,  after  ten    When  further  sc- 

days'  notice  to  any  delitor  or  person  in  whose  hands  property  or  debts  may  ^'""'•j  ^'^^  ^'^  ^^' 

be  left,  of  an  application  for  further  security,  it  shall  be  made  to  appear  to 

the  satisfaction  of  the  court  that  the  securities  of  such  debtor  or  person 

are  not  ample,  the  court  may,  on  the  faillire  of  the  party  to  give  sufficient 

additional  security,  render  judgment  against  all  the  parties  on  the  bond  for 

the  recovery  of  the  debt  or  jiroperty :  Prooklcd,  farther.  That  said  court     When   court  or 

may,  whenever,  in  the  oiiinion  of  the  iudu'e  thereof,  the  public  exicrcncies  J'"^lg®   "'•'>'  /""der 

..,!.,*  1  i>  •  1   i      V       1  11    1       ii      the  money  due  to 

may  require  it,  order  tiie  money  due  as  aforesaid  to  tie  demanae<l   oy  tlie  -^^   demanded   by 

receiver,  and  if  upon  demand  of  the  receiver,  made  in  comformity  to  a  the  receiver. 

decretal  order  of  the  court  requiring  said  receiver  to  collect  any  debts  for 

tlie  payment  of  which  security  may  have  been  given  under  the  provisions 

of  this  act,  the  debtor  or  his  security  shall  fail  to  pay  the  same,  then  upon     Notice  of  motion 

ten  days'  notice  to  said  debtor  and  his  sec-urity,  given  by  said  receiver,  of  for   judgment   on 

a  motion  to  be  made  in  said  court  for  judgment  for  the  amount  so  secured,  fsiilnre  to  pay. 

said  court,  at  the  next  term  thereof,  may  proceed  to  render  judgment      Judgment  and 

against  said  principal  and  securitv,  or  against  the  party  served  with   such  execution. 

notice,  for  the  sum  so  secured  with  interest  thereon,  in  the  name  of  said 

receiver,  and  to  issue  execution  therefor. 

Sec.  7.  Any  person  in  the  possession  and  control  of  the  subiect-matter     Whomnybcad- 
/•  i-i  !••  •,         ,.1  1  ]         j?ii      mittcd  as  a  dcfcn- 

of  any  such  suit,  or  claiming  any  interest   therein,  may,  by  order  of  the  ^^^jj^ 

court,  be  admitted  as  ;i  defendant  and  be  allowed  to  defend   to  the  extent 
of  the  interest  propounded  by  him  ;  but  no  person  shall  be  heard  in  defence     pj^^.    ^^^^^^  ^^ 
until  he  shall  file  a  jilea,  verified  by  affidavit  and   signed  by  him,  setting  set  forth, 
forth  that  no  alien  enemy  has  any  interest  in  the   right   which   ho  asserts, 
or  for  which  he   litigates,  either  directly  or   indirectly,  by  trust,  open  or 
secret,  and  that  he  litigates  solely  for  himself,  or  for  some  citizen  of  the  Con- 
federate States  \Yhom  he  legally  represents;  and  when  the  defence  is  con- 
ducted for  on  account  of  another,  in  whole  or  part,  the  plea  shall  set  forth 
the  name  and  residence  of  such  other  person,  and  the  relation  that  the     jj^j^  ^^         . 
defendant  bears  to  him  in  the  litigation.     If  the  cause  involves  matter  cceding. 


204  PROVISIONAL  CONGRESS.      Sess.  III.     Ch.  61.     1861. 

Jury  trial.  \vliicli  should  be  tried  by  a  jury  accordino-  to  the  course  of  the  common 
law,  the  defendant  shall  be  entitled  to  a  jury  trial.  If  it  involves  matters 
of  equity  jurisdiction,  the  court  shall  proceed  according  to  its  usual  mode 
of  procedure  in  such  cases,  and  the  several  courtsof  this  Confederacy  may, 
from  time  to  time,  establish  rules  of  procedure  under  this  act,  not  incon- 
sistent with  the  act  or  other  laws  of  these  Confederate  States. 

AVrits  of  gar-  Sec.  8.  Beit  further  enacted,  That  the  clerk  of  the  coui;^  shall,  at  the 
nisbment.  request  of  the   receiver,   from   time  to  time,  issue  writs  of  garnishment, 

directed  to  one  or  more  persons,  commanding  them  to  appear  at  the  then 
sitting,  or  at  any  future  term  of  the  court,  and  to  answer  under  oath  what 
propertj'^  or  eftects  of  any  alien  enemy  he  had  at  the  service  of  the  process, 
or  since  has  had  under  his  possession  or  control  belonging  to  or  held  for 
an  alien  enemy,  or  in  what  sum,  if  any,  he  is  or  was  at  the  time  of  service 
of  the  garnishment,  or  since  has  been  indebted  to  any  alien   enemy,  and 

Power  of  court  the  court  shall  have  power  to  condemn  the  property  or  efiects,  or  debts, 

to  condemn  prop-  accordino-   to    the    answer,  and    to  make   such    rules  and  orders  for  the 
crtv    or   clcbt'^   sc-       •       •        •  •  •     • 

eordino-  to  answer  bringing  in  of  third  persons  claiming  or  disclosed  by  the  answer  to  have 

and  to  order  the  an  interest  in  the  litigation  as  to  it  shall  seem  proper;  but  in  iio  case  shall 

bringing  in  of  third  finy  one  be  heard  in  respect  thereto  until  he  shall,  by  sworn  plea,  set  forth 

persons.^^  to    be  ^"'^^^''^"^^^^'y  ^^'® '^^''^^*^^''''^  before  required  of  parties  pleading.     And   the 

he:ird  without  plea,  decree  or  judgment  of  the  court,  rendered  in  conformity  to  this  act,  shall 

Judgmentof  the  forever  protect  the  garnishee  in  respect  to  the  matter  involved.  And  in 
garnishee  ^^^^  ^^  ^'^  cases  of  garuisliment  under  this  act,  the  receiver  inay  test  the  truth  of 

How   receiver  the  garnishee's  answer  by  filing  a  statement,  under  oath,  that  he  believes 

may  test  the  truth  the  answer  to  be  untrue,  specifying  the  particulars  in  which  he  believes  the 

of  garnishee  s  an-  garnishee  has,  by  omission  or  commission,  not  answered  truly ;  whereupon 

the  court  shall  cause  an  issue  to  be  made  between  the  receiver  and   gar- 

May  propound nishee,  and  judgment  rendered  as  upon  the  trial  of  other  issues.  And  in 
interrogatories.  all  cases  of  litigation  under  this  act  the  receiver  may  propound  interroga- 
tories to  the  adverse  party  touching  any  matter  involved  in  the  litigation, 

Period  of  copy  a  copy  of  which  shall  be  served  on  the  opposite  party  or  his  attorney,  and 
of,  on  failure  to  ■\vlji(^.]i  shall  be  answered  under  oath  within  thirty  days  of  such  service,  and 

'^^r!*?'"' 'i-'"!!lr^'^^  "PO^i  failure  so  to  answer,  the  court  shall   make  such   disposition  of  the 
dispose  01  cause,       l  in.  .  ....  i       i  i    •       i 

cause  as  shall  to  it  seem  most  promotive  ot  justice,  or  should  it  deem 
or  imDrison  the  answers  to  the  interrogatories  necessary  in  order  to  secure  a  discovery,  the 
party  m  default.     (.Qurt  shall  imprison  the  party  in  default  until  full  answers  shall  be  made. 
Duty  of  Di.tri'.t      Sec.  9.  It  shall  be  the  duty  of  the  District  Attorney  of  the  Confederate 
Attorney.  States,  diligently  to  prosecute  all  causes  instituted  under  this  act,  and  he 

Compensation,    shall  receive  as  a  compensation  therefor  two  per  cent,  upon  and  from  the 
Proviso.  .fruits  of  all  litigation  instituted  under  this  act:  Provided,  That  no  matter 

shall  be  called  litigated  except  a  defendant  be  admitted  by  the  court,  and 
a  proper  plea  be  filed. 
Receivers  to  ren-      Sec.  10.  Be  it  further  enacted,  That  eacli  receiver  gppointed  under 
der  accounts.         this  act  shall,  at  least  every  six  months,  and  as  much  oftener  as  he  may  be 
required,  by  the  court,  render  a  true  and  perfect  account  of  all  matters  in 
Nature  and  char- ^lis  hands  or  under  his  control  under  the  law,  and  shall  make  and  state 
actor  of  ihu    ac-just  and  perfect  accounts  and  settlements  under  oath  of  his  collections  of 
°'-'"'^'^^*  monies  and  disbursements  under  this  law,  stating  accounts  and  making 

settlements  of  all  matters  separately,  in  the  same  way  asif  he  were  admin- 
istrator of  several  estates  of  deceased  persons  by  separate  appointments. 
And  the  settlements  and  decrees  shall  be  for  eacli  case  or  estates  separately, 
so  that  the  transaction  in  respect  to  each  alien  enemy's  property  may  bo 
Not  required  until  kept  recorded  and  preserved  separately.  No  settlement  as  above  provided 
judgmentordecreegjjg^]j  Ijq   g^  „  ]^g  made  until  ludo-ment  or  decree  of  sequestration  shall 

or  sequestration.     ,'  iii  J»  .  ^....i. 

Court  may,  a  t  nave  passed,  but  the  court  may  at  any  time  pending  litigation,  require  an 
any  time,  require  accomit  of  matters  in  litigation  and  in  the  possession  of  the  receiver,  and 


PROVISIONAL  CONGRESS.      Sess.  III.      Ch.  61.     1863.  205 

may  make  such  orders  toucliing,  the  same  as  shall  protect  the  interest  of  f^^°°^|;?[^^f^^^^^^J^^^^^^^ 
the  parties  concerned.  ,      make  orders  t'ouch- 

Sec.  11.  When  the  accounts  of  any  receiver  shall  be  filed  respecting  ing  same. 
any  matter  which  has  passed  sequestration,  the  court  shall  appoint  a  day  ^/'"J^^^i^^g^g""^"^. 
for  settlement  and  notice  thereof  shall  be  published  consecutively  for  four  "^^^J^^^^^''^''^^^.  ^^. 
weeks  in  some  newspaper  near  the  place  of  holding  the  court,  and  the  clerk  thereof  to  be  pub- 
of  the  court  shall  send  a  copy  of  such  newspaper" to  the  District  Attorney  lished,  Ac. 
of  the  Confederate  States,  for  the  court,  where  the  matter  is  to  be  heard, 
and  it  shall  be  the  duty  of  said  District  Attorney  to  attend  the  settlement  ^^^^^^^--^'^^^^^^"^^^^^^ 
and  represent  the  government  and  to  see  that  a  full,  true  and  just  settlement  mg^t. 
is  made.     The  several  settlements  precedinc:  the  final  one  shall   be  inter-  Interlocutory  set- 
locutory  only,  and  may  be  impeached  atthe^final  settlement)^,  which  hatter  tj^™^"^^  unpeach- 
shall  be  conclusive,  unless  reversed  or  impeached  within   two  years,  for     YnmX  settlement 

fraud.  conclusive,  unlesf, 

Sec.  12.  Beit  further  enacted,  Tbat   the  court  having  jurisdiction  of<^«- 
the  matter  shall,  whenever  sufhcient  cause  is  shown  tlieretor,  direct  tlie  sale  ^^^^  „  f  personal 
of  any  personal  property,  other  than  slaves,  sequestered  under  this  act,  on  property,    other 
such  terms  as  to  it  siiall  seem  best,  and  such  sale  shall  pass  the  title  of  the  tl' »«  •^'•'^^'^-  *e- 
person  as  whose  property  the  same  has  been  sequestered.  ^^^^^  ^^.^ 

Sec.  13.  All  settlements  of  accounts  of  receivers  for  sequestered  property  Ace -mus  of  rc- 
shall  be  recorded  and  a  copy  thereof  shall  be  forwarded  by  the  clerk  of  cenci .  to  be  rc- 
the  court  to  the  Treasurer  of  the  Confederate  States  within  ten  days  after  ^^^^f';;^  i°cas°ur« 
the  decree,  interlocutory  or  final,  has  been  passed ;  and  all  balances  found  of  c.  S. 
against  the  receiver  shall  by  him  be  paid  over  into  the  court,  subject  to  the  Receiver  to  psiy 
order  of  the  Treasurer  of  the  Confederate  States, and  upon  the  failure  of  the  |^jI;|J];"t',iJ,°  "e\'! 
receiver  for  five  days  to  jiay  over  the  same,  execution  shall  issue  therefor,  and  eeution  to  issue,  on 
he  shall  be  li:d)le  to  attachment  by  the  court  and  to  suit  upon  his  bond.  And  failure.  Attach- 
any  one  embezzling  any  money  under  this  Act  shall  be  liable  to  indictment,  |;i^^",J,,;|"_'^  '"'*  °" 
and  on  conviction  shall  be  confined  at  hard  labor  for  not  less  than  six  p„nisiiment  Tv 
months  nor  more  than  five  years,  in  the  discretion  of  the  court,  and  fined  embezzling  money 
i  n  double  the  amount  embezzled.  ""''•^''  *^"'  '''=*• 

Sec.  14.  Be  it  further  enacted,  That  the  President  of  the  Confcdc-  Appointment  of 
rate  States,  shall,  by  and  with  the  advice  and  consent  of  Congress,  or  of  Commissioners. 
the  Senate,  if  the  appointment  be  made  under  the  permanent  Govern- 
ment, appoint  three  discreet  Commissioners,  learned  in  the  law,  who 
shall  hold  at  the  seat  of  Uovernmeut  two  terms  each  year,  upon  notice 
given,  who  .shall  sit  so  long  as  the  business  before  them  shall  require; 
whose  duty  it  shall  be,  under  such  rules  as  they  may  adopt,  to  hear  and  Their  duties, 
adjudge  such  claims  as  may  be  brought  before  them  by  any  one  aiding 
this  Confederacy  in  the  present  war  against  the  United  States,  who 
shall  allege  that  he  has  been  jnit  to  loss  under  the  act  of  the  United 
States,  in'retaliation  of  which  this  act  is  passed,  or  under  any  other  act 
of  the  United  States,  or  of  any  State  thereof,  authorizing  the  seizure, 
condemnation  or  confiscation  of  the  property  of  any  citizen  or  resident 
of  the  Confederate  States,  or  other  person  aiding  said  Confederate 
States  in  the  present  war  with  the  United  States,  and  the  finding  of 
such  Commissioners  in  favor  of  any  such  claim  shall  be  prima  facie 
evidence  of  the  correctness  of  the  demand,  and  whenever  Congress  shall 
pass  the  claim,  the  same  shall  be  paid  from  any  money  in  the  Treasury 
derived  from  sequestration  under  this  act :  Provided,  That  said  Board    Appointment  not 

_    .^  ■     •         *        1     11         .  ,•  1  1    i-L  •      *•  „e    .i„  to  rioniinue  beyond 

of  Commissioners  shall  not  continue  bej'ond  the  organization   ot    tlie  „j^^^j.^j^^j;j,.^ji;[,^^f 
Court  of  Claims,   provided   for  by  the   Constitution;  to  which   Court  Cuuri  of  Claims. 
of    Claims   the    duties   herein    provided    to   be    discharged    by    Com- 
missioners   shall    belong   upon    the    organization   of    said    Court.     The     Their  salaries. 
salaries  of  said  Commissioners  shall  be  at  the  rate  of  two  thousand  five 
hundred  dollars  per  annum,  and  shall  be  paid  from  the  Treasury  of  the 
Confederacy.     And  it  shall  be  the  duty  of  the  Attorney  General  or  his     Attorney  Gene- 


206  PROVISIONAL  CONGRESS.     Sess.    III.     On.    61.      1861. 

ral  or  hli  assistant  assistant  to  represent  the  interests  of  this  Government  in  all  cases 
to  represent  the  lu- ^j.jy- J      under  this  act  before  said  Board  of  Commissioners. 

terests  of  the  Ui^v-        ,,     °  ._       j-,      .,     /•     ^i  j    7     an     j.      ii  •  i    • 

ernmeut  before  ^v,Q.  15.  Be  it  Jurthar  enacted,  Ihat  all  expenses  incurred  m  pro- 
said  Cummission- cecdiiigs  under  this  act  shall  be  paid  from  the  sequestered  fund,  and 
c".  the  Judges,  in   settling  accounts  with   Receivers,  shall   make  to  them 

proper  allowances  of  compensation,  taking  two  and  a  half  per  cent,  on 
receipts,  and  the  same  amount  on  expenditures,  as  reasonable  compensa- 
tion, in  all  cases.  The  fees  of  the  officers  of  court  shall  be  such  as  are 
allowed  by  law  for  similar  services  in  other  cases,  to  be  paid,  however. 
Proviso.  Qniy  ^xom  the  sequestered  fund  ;  Provided,  That  all  sums  realized  by 

any  Receiver   in   one   year   for   his  services,  exeeding   five    thousand 
dollars,  shall  be  paid  into  the  Confederate  Treasury,  for  the  use  of  the 
Confederacy. 
Attorney  Gone-      g^Q^    \Q    j^^  {f  fwtlier  enacted,  That   the   Attorney  General  shall 
ral  to  f"^°^^^  "^^]  prescribe  such  uniform  rules  of  proceeding  under  this  law,  not  herein 
ceedings.  otherwise  provided  for,  as  shall  meet  the  necessities  of  the  case. 

Appeals.  Sj.;c.  17.  Be  it  further  enacted,  That  appeals  may  lie  from  any  final 

decision  of  the  court  under  this  law,  in  the  same  manner  and  within 
the  same   time  as   is   now,  or  hereafter  may  be   by  law  prescribed   for 
appeals  in  other  civil  cases. 
The  word  'per-      Skc.  18.  Be  it  farther  enacted.  That  the  word  ''person"  in  this  law 
3on,"  what  to  in-  includes  all  private  corporations ;  and  in  all  cases,  when  corporations 
^^"^^l^'    ,         „„M,  become  parties,  and  this  law  requires  an  oath  to  be  made,  it  shall  be 

By    whom    oath  1  re  n  1  ^        ^- 

to  be  made  when  made  by  some  omcer  oi  such  corporation. 

corporatiun  a  par-      ggc.  JQ.  Bq  it  further  enacted,  That  the  courts  are  vested  with  juris- 

^y-      ,  ,      fdisction,  and  required  by  this  act,  to  settle  all  partnerships  heretofore 

Settlement    of  '  1  J  i  i       •  i-  i.  a. 

partnerships.  cxistiHg  between  a  Citizen  and  one  who  is  an  alien  enemy;  to  separate 

the  interest  of  the  alien  enemy,  and  to  sequestrate  it.     And  shall,  also, 
Severance    0  f  sever  all  joint  rights  when  an  alien  enemy  is  concerned,  and  sequestrate 
joint  rights.  ^.j^g  interest  of  such  alien  enemy. 

.    Preservation  0  f      Sec.  20.  Be  it  further  enacted.  That  in  all   cases  of  administration 

property.  of  any  matter  or  thing,  under  this  act,  the  court  having  jurisdiction, 

may  make  such   orders   touching  the   preservation  of  the   property  or 

effects  under  the  direction  or  control  of  the  Receiver,  not  inconsistent 

with   the   foregoing  provisions,  as  to   it   shall   seem   proper.     And  the 

Receiver   may  Receiver  may,  at  any  time,  ask  and  have  the  instructions  of  the  court, 

have    ins;ruction.  or  Judge,  respecting  his  conduct  in   the   disposition  or  management  of 

'■''d'*e°   ''°"'^'   °  "^  ^"y  property  or  effects  under  his  control. 

'Treasury  notes  ^KC.  21.  That  the  Treasury  notes  of  this  Confederacy  shall  be 
r  ■ceivable  in  pay-  receivable  in  payment  of  all  purchases  of  property  or  effects  sold  under 
■7"*J^j;'^"^'^^'^-nhi3  act. 

'  How'thia'act  to      -^J^C.  22.  Be  it  furtlier  enacted,  That  nothing   in   this  act  _shall   be 

i  .;  construed.         construed  to  destroy  or  impair  the  lien  or  other  rights  of  any  creditor,  a 

citizen  or  resident  of  either  of  the  Confederate  States,  or  of  any  other 

persorj,  a  citizen  or  resident,  of  any  country,  State,  or  Territory,  with 

which  this   Confederacy  is   in   friendship,  and  which  person  is  not  in 

Lien  or  d  e  b  t  actual  hostility  to  this  Confederacy.     And   any  lien  or   debt   claimed 

against  alien  eiv    j^g.^jQgt  .-j,jy  alien  enemy,  within  the  meaning  of  this  act,  shall  be  pro- 

IKmnded  and^filed  poinded  and  filed  in  the  court,  in  which  the  proceedings  of  sequstratioa 

Proceeding?.       are  had,  within  twelve  months  from  the  institution  of  such  proceedings 

for  sequestration;  and  the  court  shall  cause  all  proper  parties  to  be  made 

and  notices  to  be  given,  and  shall  hear  and  determine  the  respective 

Proviso.  rights  of  all  parties  concerned ;  Provided,  hoivever.  That   no  sales  or 

payments  over  of  money  shall  be  delayed  for,  or  by  reason  of,  such 

rights  or  proceedings;  but  any  money  realized  by  the  Receiver,  whether 

paid  into  the  court,  or  Treasury,  or  still  in  the  Receiver's  hands,  shall 

stand  in  lieu  of  that  which  produced  said  money,  and  be  held  to  answer 


PROVISIONAL  CONGRESS.      Sess.    III.      Ch.   62.     1863.  207 

the  demands  of  the  creditors  aforesaid,  in  the  same  manner  as  that 
v/hich  produced  such  money  was.  And  all  claims  not  propounded  and 
filed  as  aforesaid,  within  twelve  months  as  aforesaid,  shall  cease  to  to 
exist  against  the  estate,  property,  or  effects  sequestrated,  or  the  proceeds 
thereof. 

ArPKOVKD  August  30,  1861. 

Cum  •  LXII. — An  Act  to  perpetuate  testimony  tn  cases  of  daven  abducted  or  harbored    August  30,  1861. 
by  the  enemy,  and  of  other  property  seized,  wasted  or  dcotroycd  by  them. . 

The  Congress  of  the    Confederate   States  of  America  do  enact,  That     Perpetuation   of 
when  any  slave  or  slaves  owned  by  a  citizen  of  the  Confederate   States,  tcstirnony  in  case 

.  J.  \  .  ,  r.       1     11     1  I.  1  1   1       i.    1  of    abduction     o  r 

or  an  inhabitant    thereof,   shall   be,    or  may   have    been   abducted  ot  ^^^y^^^^-^^^„^f^^^^.^^ 
harbored    by  the   enemy,   or  by  any  person   or   persons  acting  under  by  the  enemy, 
the    authority,   or  color"^  of   authority  of   the    TTnited    States   (rovern- 
ment,  or  engaged  in  the  military  or  naval  service  thereof,  during  the 
existing  war,  it  shall  be  lawful  lor  the  owner  or  his  attorney  tit  appear 
before  any  Judge  of  the  Confederate  States,  or  a  commissioner  of  any 
court  thereof,  or  any  notary  public,  or  in   case  of  there  being  no  such 
officer  within  the  county,  city  or  corporation,  where  the  proceedings  are     Proceedings, 
instituted,  before  any  justice  of  the  peace  or  alderman,  consenting  to  act 
in  the  premises,  and  adduce  proof,  oral  or  written,  of  the  tact  of  such 
ownership  and  abduction  or  harboring.     If  the  owner  of  such  slave  or 
slaves  is   laboring   under  the   legal   disability  of  infancy,   insanity  or 
coverture,  the  evidence  tending  to  establish  such  ownership,  and  abduc- 
tion or  harboring,  may  be  adduced  by  the  proper  legal  representative  of 
the  owner.     In  all   cases  such  owner,  attorney  or   representative  shall 
make  affidavit  of  the  loss.     Such  affidavit  shall  not  be  taken  as  evidence 
of  the  fact  of  loss,  unless  it  shall  appear  to  the  satisfaction  t>f  the  officer 
taking  the  same  that   no  other  and   better  evidence  can   be  i>btained, 
which  fict  shall  distinctly  appear  in  the  certificate  of  such  officer ;  and 
it  shall  be  the  duty  of  the  judicial  officer  taking  cognizance  of  the  case, 
to  reduce  tO|writing  the  oral  evidence,  and  to  retain  the  written  evidence 
in  support   of  the   alleged   ownership  and   loss,  and  within   thirty  days 
after  the  hearing,  to  transmit  the  same  to  the  Secretary  of  State  of  the 
Confederate  States,  to  be  filed  and  preserved  among  the  archives  of  the     Evidence  ^to  be 
State  Department,  accompanied  by  a  certificate  from  the  said  ji''litial  .^'^'gJ^[^P'"^j^'j,"^^^^ 
officer,  authenticating  the  report  so  made  by  him.  And  the  said  judicial  ment. 
officer  shall    also   state    in    his   certificate  of  authentication,  whether, 
in  his  opinion,  the  evidence   so  heard   and   transmitted,  is,  or  is  not. 
entitled   to  credit.     It   shall    be   the   duty   of   the   Secretary  of  State 
to  receive  and  file  in  his  Department,  the  report  so  tnnismitted,  and  to     Copies    to    be 
furnish' to  the  owners,  attorney  or  representative  a  duly  certified  copy  ^u''"'*^'^'^- 
thereof,  whenever  the  same  shall  be  demanded. 

Skc.  2.  A)id  be  it  further  enacted,  That  whenever  any  property,  other     IVrpetiiation  ..f 

,  ,  ,  *'  1    1     ,         •         ,  •,•  J  A      ^^      1-    ^        i.    testimony     where 

than  slaves,  real  or  personal,  belonging  to  any  citizen  or  the  Lontetlerate  properly,    o  tb  e  r 
States,  or  any  inhabitant  thereof,  shall  be  seized,  wasted  or  destroyed  by  than  slaves,  sball 
the  enemy,  during  the  existing  war,  or  by  any  person  or  persons  acting^"  seized,  wasted 
1       .1  .1       ".  1  (■        ii       •,        p  ^'i      TT    -i    1    Oi.   i       /I  or  destroyed  by  the 

under  the  authority,  or  color  oi  authority  ot  the  United  states  dovern-^^^, 

ment,  or  engaged  in  the  military  or  naval  service  thereof,  the  mode  of 
taking  and  preserving  proof  thereof,  .shall  conform  in  all  respects  to  that 
prescribed  in  the  above  section,  and  have  like  effect. 

Sec.  3.  And  he  it  further  enacted,  That  the  provisions  of  this  act  ^^ct  '^^"*^*<>.^» 
shall  not  be  construed  as  implying  that  the  Confederates  States  are  in  pjyfng  that  the  C. 
any  way  liable  to  make  compensation  for  any  of  the  property  to  which  s.  will  make  com- 

it  refers.  pensation. 

Approved  August  80,  1861. 


208  PROVISIONAL  CONGRESS.  Sess.  III.  Ch.  63,  64,  65.   1863. 

August  30,  1S61.     CiiAP.  LXIII. — An  Act  to  provide  for  the  transmission  of  Monty,  Bonds  or   Treasury 

' Notes. 


Transmission  of       The  Congress  of  the  Confederate   States  of  America  do  enact,  That 
''  ^  °    ^  *^     ■  "■  tlie  Secretary  of  the  Treasury  is  authorized  to  make  such  arrangements 

for  the  transmission  of  the  funds  of  the  Confederate  States  as  he  shall 
Appropriation,    deem  expedient ;  and  for  that  purpose  the  sum  of  twenty  thousand 

dollars  is  hereby  appropriated. 
Approved  August  30,  1861. 


August  30)  1SG1.  Chap.  LXIV— .In  Act  to  amend  an  act  entitled  "  An  act  recopiizivg  the  existence  of 
War  between  the  United  States  and  the  Confederate  States,  and  concerning  Letters  of 
JIarque,  Prizes  and  Prise  Goods,"  approved  May  sixth,  eighteen  hundred  and  sixty- 
one ;  and  an  act  entitled  ^' An  act  regulating  the  Sale  of  Prizes  and  the  Distrihntion, 
thereof,"  ajqiroved  May  sixteenth,  eighteen  hundred  and  sixty  one. 

Amendment  o  f  The  Congress  of  the  Confederate  States  of  America  do  enact,  That 
section  seven  of  the  Seventh  section  of  the  first  above  recited  act  be  so  amended 
ti*^  chiiptcr'' 3'  so  as  ^^  *''"'  P^^^^'^  ^^^  authorize  the  breaking  cf  bu.k  and  the  removal 
to'  authorize'  the  by  the  captors  of  the  whole  or  any  part  of  the  goods  found  on 
breaking  of  bulk  board  a  captuied  vessel  whenever  such  removal  may  be  necessary  for 
!t!!„i  removal    o  f  j.|^^^  g^^^  carriao-e  of  such  vessel  into  port,  and  also,  in  all  cases  where, 

goods  on  captured  ,  , .  •^       ,  .  ,  •    ^      r.     i  i  i 

vessels.  '^J  grounding  or  otherwise,  the  securing  01  the  cargo  or  any  part  thereof 

may  require  the   removal :  Provided,  That  the  person   in  command  of 

the  vesel  making  su>3h  capture  shall,  as  soon  as  practicable,  after  land- 

Inventorv  of  th    '^^^  ^^^  cargo  or  any  part  thereof,  cause  an  exact  inventory  of  the  same 

property.   "Xo  be^'-' be  made   b/ the  nearest  magistrate,  wherein  shall  be  specified  each 

tiled  witn  collector,  and  every  article  so  lauded,  and  the  marks,  if  any  thereon,  and  forward 

the  same  immediately  to  the  collector  of  iha  nearest  port  j  the  property 

Custody  of  the  ^^  landed  shall  remain  in  the  custody  of  such  magistrate,  and  he  shall 

property.    Com-  retain  possession  thereof  until  the  same  can  be  delivered  to  the  marshal; 

pensation.  and  the  court  before  which  such   cargo  shall  be  brought,  in  case  the 

same  shall  be  condemned,  may  allow  such  compensation  to  the  magistrate 

Proviso,  when  as  to  the  court  may  seem  just  and  proper:  And,  provided  further.  That 

removal  made  tor  when  such  removal  shall  be  made  for  the  purpose  of  lightening  over  bars 

lirfhf^^^J^?,*'*?. „°  ^^Jitl  ^boals,  and  the  goods  removed  shall,  as  soon  thereafter  as  practi- 

iigntening     over,,,'  o  _  ;  i 

bars  and  shoals,     cable,  DC  restored  on  board  the  prize  vessel,  the  same  may  be  carried  to 
port  as  if  no  removal  had  been   made ;  and  no  delivery,  as  provided  in 
the  preceding  clause,  to  a  magistrate  shall  be  required. 
First  sec.  of  the      Sec.  2.  That  the  first  section  of  the  last  above  recited  act  be   so 
Ta    hSs^*'^'  '^^i''^  amended   as    to   allow  the  judge  of  a  prize  court,  wherein   any   con- 
so'as  to  allow  sale  t^emnation  may  be  had,  to  order  and  decree  that  the  said  vessel  and  the 
of  prize  vessel  and  cargo,  or   any  part  thereof,  may,  in  his  discretion,  and  to  enhance  the 
cargo  by  marshal  yalue  thereof,  be  sold  by  the  marshal  of  the  adjoining  district,  and  at 
trict*!  "''^'^°'°''     '^"  such  place   therein   as  he   may  designate  ;  Provided,  ahoays,  That  the 
Proviso.  duties  upon  all  dutiable  goods  shall  be  paid  from  the  proceeds  of  sale. 

Approved  August  30,  1861. 


August  30, 1861.     CuAr.  LXV. — An  Act  vesting    certain    poxoers    in    the    Commissicners   of   the   District 
Courts  of  the  Confederate  States.  • 


.n^?.!!!!'"'''^"'^'"       ^^''^  Ccmnress  of  the   Confederate   States  of  America  do  enact,  That 

commissioners  ap-  ,-,        r\  •     •  •         i     i  i         n-w-       •         n  pi        A     r-   ^ 

pointed  by  the  dis-  ''"^  ^commissioners  appointed    by  the   District  (Jourts  oi   the  Conied- 
irict  courts.  eratc   States    shall   have    power   to   issue   warrants   of    arrest   against 


PROVISIONAL  CONGRESS.  Sess.  III.  Ch.  66,67,  68.   1861.  21)9 

cffenders,  for  any  crime  or  offence  against  the  Confederate  States,  or  the 
laws  thereof,  and  to  commit  to  prison  or  admit  to  bail  such  offender,  as 
the  case  may  be,  for  trial  before  such  court,  as  may  have  cognizance  of 
the  offence,  and  with  all  the  powers  in  relation  to  crimes  and  offences 
against  the  Confederate  States,  or  the  laws  thereof,  which  are  conferred 
on  justices  of  the  peace  in  relation  to  crimes  and  offences  against  the 
United  States  of  America,  by  the  act  of  the  twenty-fourtli  of  Septem- 
ber, seventeen  hundred  and  eighty-four,  of  the  Congress  of  said  United 
States,  entitled  ''  An  Act  to  establish  the  Judicial  Courts  of  the  Ignited 
States." 

Sec.  2.  And  he  it  further  enacted,  That  said  Commissioners  shall  Compcnsatica. 
have  such  compensation  for  their  services  as  is  given  for  like  services  to 
Commissioners  of  the  Ignited  States,  by  the  act  of  the  Congress  of  Faid 
United  States,  entitled  "  An  Act  to  regulate  the  fees  and  costs  to  be 
allowed  Clerks,  Marshals  and  Attorneys  of  the  Circuit  and  District 
Courts  of  the  United  States,  and  for  other  purposes,"  passed  on  the 
twenty-sixth  of  February,  eighteen  hundred  and  fifty-three,  or  by  the  laws 
of  the  United  States  at  that  time  ;  to  be  allowed  by  the  Courts,  and 
paid  out  of  the  Treasury  of  the  Confederate  States  of  America. 

ArrROVED  August  30,  1801. 


Chat.  LXVI. —  An  Art  to  authorize  the  appointment  from  civil  H/c  of  Pcmnng  to  thr    .August  31   1861 

Staffs  of  Ocntrale.  ' 

The  Confjrritx  of  the   Confederate   Statesi  of  America  do  enact,  That      Civilians  r-i  .%  y 
the  President  may,  in  his  discretion,  upon  the  application  and  reconimen-  :lf  f.?o-'""'^'M   ^° 
dation  of  a  (Jeneral  of  the 'Confederate  States  Army,  appoint  from  civil  j-uic. 
life,  persons   to   the  staff  authorized   by  law  of  such  uilicer,  who  shall 
have  the  same  rank  and  pay  as  if  appointed  from  the  Army  of  the  Con- 
federate States. 

ArPROVED  August  31,  18G1. 


Chap.  LXVIT. — An  Act  providinfi  f  .r   the   app-iirJ'ncKt  of  Adjutan's  of  Rrrjimcnts  and     Anru^f  31    1-Cl 

LtgloM,    of    the  grade   of    Subalter^i,    it    addition    to    the    StiLallcnii    attached    to '      [_ 

Companiet. 

TJie  Cou'jress  of  the   Confederate   States  of  America  do  enact,  That     Appointmor.t  of 
the  adjutants   of   regiments   and    legions,   may  be   appointed   by  the  aajut.ints  of  rnr^\- 
Prcsideut   upon  the    recommendation  of    the    Colonel   thereof,    of  the  |"^"u\'^°))/j^'- "' 
grade   of  subaltern,   in  addition  to   the   subaltern   officers  uttaohed   to  ruljalteru? 
companies,  and  said  adjutants,  when  so  appointed,  shall  have  the  same 
Tank,   pay    and    allowances    as    are    provided    by   law    to    adjutants    of 
regiments. 

ArPROvED  August  31,  1861. 


Cnir.  LXVIII. — An  Act  providing  fr  the  rcccpiici  and  forwnrdinfj  of  artiihs  scit  to      Aiii.n«t31    ISCt 
the  army  i'\j  private  co'ntribation,  '  \ 

2hc  Congress  of  the    Confederate    States  of  America   do  enact.  That     Reception  and 
the  Secretary  of  War  be  authorised  and  required  to  make  all  necessary  ''orwardinp;  of  ni- 
arrangements  tor  the  reception  and  iorwarding  of  clothes,  shoe^,  blank-  for  the  army, 
ets,  and  other  articles  of  necessity  that  viaj  be  scut  to  the  army  by 
private  contribution. 

Approved  August  31,  1861. 
14 


210  PROVISIONAL  CONGRESS.  Sess.  III.  Cii.  69,  70,  71,  72.  136i. 

AUpU.,'-  r'.;,  1;;  ;■.  Chai-.  LXIX. — An  Act  to  allow  rations  to  Chaplains  in  the  army. 

Chi4/!a;n-;uJlc^-       The  Conr/ress  of  tJie  Confederate  States  of  America  do  enact,  That 
'~  ' '"  ■  Chaplains  iu  the  ariuy  be,  and  they  are  hereby,  allowed  the  same  rations 

as  privates. 

AprROVED,  August  31,  1861. 


A»jfe-a,l  11,  18:;i.  Chap.  LXX. — An  Act  to  rcimbumc  the  State  of  Florida. 

I'j-  auj!.;.-  Vv'jiKiiEAS,  Thc  State  of  Florida  has  made  large   outlays   of  money  in 

tiic  arming,  equip[p]ing  and  maintaining  troops  for  the  service  of  the 
('onfederate  States,  and    in  the   construction  of  sea-coast   defences 
whereby  the  State  of  Florida   has   exhausted  her  treasury,  and  has 
great  need  of  money  to  carry  on  her  military  operations :  Therefore— 
.Seorc'lM-/  of       The  Congress  of  the   Confederate   States  of  America  do  enact,  That 
Tror*  7  7  (1  i;5jaej]j(j  Secretary  of  the  Treasury  is  hereby  directed  to  issue  to  the  State  of 
)fl-:^pg;v;0^030iri  ■'■'orida,  upon  the  application  or  the  Governor  or  said  State,  three  hnn- 
tr^  -:;ir7  n-;'?a        drcd  thousand  dollars  in  treasury  notes:  Provided,  That  the  said  State 
IVcvj-.o  deposit  with  the  Secretary  of  the  Treasury  of  the  Confederate  States  an 

equal  sum  in  the  bonds  of  the  State  of  Florida,  authorized  to  be  issued 
laider  an  ordinance  of  the  Convention  of  said  State,  which  bonds  shall 
be  held  by  the  Secretary  of  the  Treasury  until  the  account  of  the  Stat'^ 
of  Florida,  for  advances  made  for  military  purposes,  is  adjusted  as  Con- 
gress may  direct. 

Approved  August  31,  18G1. 


Au^Ti.L  j;.  l&.l".     CnAP.  LXXr. — An  Act  mnlclitf]  an  additional  appropriation  for  the  payment  of  Clcrk^ 

(liid  a    Menxen'icr  for  the    T'ost    Office    Depart^nent,    and    to    authorize  the  Post7nastcr 

General  to  appoint  an  additional  Meseenifer  for  the  Post-Off ce  Department. 


Ajjpri'pn  ati  0  n       flic   Congress  of  tlie   Confederate   States  of  America  do  enact.  That 
rary'c'crk';     and  ^^'^    ^^^^    ^^    ^^'^    thousand     dollars    be,    and    the    same    is    hereby, 
nn  i^.^ftyr  in  Puht- appropriated   out  of  any  money  in   the  treasury  not  otherwise  appro- 
Offi?^  D;'pa!-'.in.-iit,  pi.]:.i|;,3j^  fQj.  ^\q  payment  of  such  temporary  clerks  as   the   Postmaster 
]?eb"^jVlBoir     '°^'*^"*^'''^^   ^^^y    appoint   for    the    Post-Office    Department,    and    for    the 
payment  of  an  additional  messenger  for  the  Post-Office  Department,  for 
the  fiscal  year  ending  February  eighteenth,  eighteen  hundred  and  sixty- 
two. 
h/'AX-.^'.-.-s::  mi:}-      Skc.  2.  Be  it  further  enacted,  That  the  Postmaster  General   be,  an'5 
cao^crini?  \r^  ap-  }^g  jg  hereby  authorized  to  appoint  an  additional  messenger  for  the  Post- 
liitbn.        '    ^    *  Office  Department,  whose  compensation  shall  not  exceed  four  hundred 
dollars  per  annum. 

Approved  August  31,  1801. 


Aii^H3l  ol ,  IfVJ'.    Chap.  LXXII. — ^4ji  Act  to  establish  thc  rates  of  postage  on  iiexi'spapera  and  jieriodicaU, 
sent  to  dealers  therein  through  the  mail,  or  by  express  over  post  routes. 

I'.H.'9sof  pc=taTe       The  Conqress  of  the  Confederate   States  of  America    do   enact,  That 

<f%,  e  -ai  to  deal-  P^^^""^  engaged  as  dealers  m   newspapers  and  periodicals  may  receive 

cTi  tliorciT.  by  mail  any  quantity  of  such  papers  and  periodicals  as  they  may  order, 

00  the  payment  at  the  place  of  delivery,  of  the  same  rate  of  postage  aa 


TROVISIONAL  CONGRESS.      Sess.  III.      Ch.  72.      1861.  211 

is  required  by  the  existing  law  to  be  paid  by  tlic  regular  subscribers 

to  such  new.spapers  or  periodicals. 

Sec.  2.  It  shall  be  lawful  for  persons  cno;:.ored  in  buyino'  and  selling     May  be' carried!, 

newspapers  and  periodicals,  to  carry  any  quantity  of  such  papers  and  "^^  ^^^°'  .    ™*-*i 

periodicals  over  the  post  roads  of  the  Confederate  States,  outside  of  the  posta<'e. 

mail,  upon  prepaying  the  postage  at  the  same  rate   charged   to  regular 

subscribers  to  such  papers  and  periodicals  into  the  post-office  nearest  the 

place  of  publication  or  purchase  thereof;  and  such  prepayment  shall     nofrprepnymcnt 

be  indicated  by  the  stamp  of  such   post-office  or  by  writin"-  upon   th.c  '"'^^'^f*,^;/^™'^'^^" 
,     "^  ^  ■'  -^  o       i  eil  act  1861,  sees.  3, 

paper  so  sent.  ch.  2. 

Sec.  3.  Any  person  violating  the  provisions  of  this  act  shall  forfeit     Penalty  for  vio- 
and  pay  the  sum  of  fifty  dollars,  to  be  recovered  by  action  of  debt  in,^'^!l°"  *'^^- 
the  name  and  for  the  use  of  the  Confederate  States.  "^  ecovcrape. 

Approved  August  31, 18G1, 


212  PROVISIONAL  CONGRESS.    Sess.  III.   Res.  1,  2,  3.    1861, 


RESOLUTIONS. 


Julv  so   1861.       [^0.  1.]     A  resolution  to  dhpose  of  donatlnvi  made  hy  certain  ChnrcJies  on  the  Jate  Fast 

! '—  Day. 


Appropriation  of      Resolved  hy  the  Congress  of  (?i.e  Confederate  States  of  ximerica,  That 
the  fund  reccivjd  ^-jjg  gyjj^  QjP  £^g   thousand   two  hundred  and  scventy-eiaht   doHars  and 

into    tho     trciMiry     .  t  i         i       ci  i  /•    i       m  •        i 

from  donations  by  eighty-eight  ceuts,  reported  by  the  secretary  ot  the  Ireasnry  as  received 
churches.  into  the  Treasury  from  donations  hy  churches,  on   the  hite  fast  day,  ho 

appropriated  as  a  fund  for  the  use  of  the  soldiers  and  officers  wounded 
at  the  hite  battle  of  Manassas ;  and  that  the  same  he  disbursed  and 
applied  by  the  Secretary  of  the  Treasury,  with  the  concurrence  of  the 
Chairman  of  the  Committee  of  this  House. 

Approved  July  30,  1861. 


July  30,  ISGl.  [No.  2.]     Resolutions  in  relation  to  the  first  regiment  of  North  Carolina  Volunteers 


President  au-  Resolved  hy  the  Congress  of  the  Confederate  States  of  America^  That 
fborizcd  to  receive  the  President  be,  and  he  is  hereby,  authorized  to  receive  and  muster 
■oto    service    f^c-j^^.^  ^^  scrvice  of  the  Confederate  States  of  America,  the  first  regiment 

!irst    regiment     oi  ,.  -,r   i       ,  ,      •  i       .     -i-^     i  ,.  i 

Vorth    Carolina  01    North    Carolina    Volunteers    now    stationed  at    lorktown,    for    the 
Volunteers.  term   of   six  months,   from    the   time   they  were   sworn    in    and    mus- 

tered into  the  service  of  North   Carolina,  and  to  discharge  them  after 
the  expiration  of  that  period ;  said  period  to  commence  at  the  time  the 
first  company  of  said  regiment  was  mustered  into  the  service  of  North 
Carolina. 
\l8o  cadets  from      Resolved,  further,  That  the  Cadets  from  the  North  Carolina  Institute, 
North  Carolina  In- at  Charlotte,  who  may  have  been  acting  with  said  regiment,  be  mustered 
-■''^^^'*-  into  service  in  the  same  manner  as  the  residue  of  the  regiment,  and 

recognized  as  part  thereof,  with  the  pay  of  privates. 

Approved,  July  30,  1861. 


'^Ufust  6   1S61.     [N^O-  '•]     liesolutinr.s  of  thanJcs  to  Gtncrals  Joseph.  E.  Johnston  avd  Gxcttavi   T.  Beaurc- 
1 .  gard,  and  the  officers  and  troops  tinder  their  command  at  the  battle  of  Manassas. 


Thanks  of  Con-      Kesoloed  hi/  the  Congress  of  the  Confederate  States  of  America,  That 

::res3  to  Gener;il3  the  thanks  of  Congress  arc   eminently   due,   and   are  hereby   cordially 

.Johnston   aiidgiygjj^  (q  General  Joseph  E.  Johnston  and  General  Gustave  T.  Eeaure- 

ihe^^'oficers   andS^'"'^'  ^^^'^  ^'^  ^^^^  ofliccrs  and  troops  under  their  command,  for  the  great 

troops  und'-r  their  and  signal  victory  obtained   by  them  over  forces  of  the  United  States 

command.  fav  exceeding  them  in  number,  in  the  battle  of  the  twenty-first  of  July, 

.^t  Manassas;  and  for  the  gallantry,  courage  and   endurance  evinced  by 

them,  in  a  protracted  and  continuous  struggle  of  more  than  teu  hours; 

a  victory,  the  great  results  of  which   will   be  realized   in   the  future 

successes  of  the  war,  and  which,  in  the  judgment  of  Congress,  entitles 

all  who  contributed  to  it,  to  the  gratitude  of  their  country.     Resolved, 


PROVISIONAL  CONGRESS.    Sess.  III.    Res.  4,  5,  6.   1861.  213 

further,  That  the  foregoing  Resolution  be  made  known  in  appropriate 
General  Orders,  by  the  Generals  in  command,  to  the  officers  and  troops 
to  whom  they  are  addressed. 
Approved  August  6,  18G1. 


[No.  4.]     licsolutions  touching  certain  points  of  Maritime.  Law,  and  defining  the  position      August  13,  1861. 
of  the  Confederate  States  in  rexpect  thereto.  — : ^ 

Whereas,  The  Plenipotentiaries  of  Great  Britain,  Austria,  France,  Preambla. 
Prussia,  Russia,  Sardinia  and  Turkey,  in  a  Conference  held  at  Paris, 
on  the  l()th  of  April,  1S5G,  made  certain  dechirations  respecting 
maritime  hiw,  to  serve  as  uniform  rules  for  their  guidance,  in  all  cases 
arising  under  the  principles  thus  proclaimed  :  Atnf,  whereas,  it  being 
desirable,  not  only  to  attain  certainty  and  uniformity,  a«  far  as  maybe 
practicable  in  maritime  law,  but  also  to  maintain  whatever  is  just  and 
proper  in  the  establi-shed  usages  of  nations,  the  Confederate  States 
of  America  deem  it  important  to  declare  the  principles  by  which  they 
will  be  governed  in  their  intercourse  with  the  rest  of  mankind.  Now, 
therefore — 

Be  it  resolved  hy  the  Congress  of  the  CovfrJerafe  States  of  America,  Resolutions 
1.  That  we  maintain  the  right  of  privateering,  as  it  has  been  long  j^1||^J^'"J  ^*][^*j J^° 
established  by  the  practice  and  recognized  by  the  law  of  nations.  law. 

2.  That  the  neutral  flag  covers  enemy's  goods,  with  the  exception  of 
contraband  of  war. 

3.  That  neutral  goods,  with  the  exception  of  contraband  of  war,  arc 
not  liable  to  capture,  under  enemy's  flag. 

4.  That  blockades,  in  order  to  be  binding,  must  be  eff'ectual;  that  is 
to  say,  maintained  by  a  force  sufficient  really  to  prevent  access  to  the 
coast  of  the  enemy. 

Approved  August  13,  18G1. 


[No.  5.]     A  resolution  In  relation  to  the  equipments  of  volunteer  cavalry  companies.  August  21, 1861. 

Resolved  h\j  the  Congress  of  the  Confederate  States  of  America,  That      Efiuipmcnts   to 
the  Secretary  of  War  be,  and  he  is  hereby,  authorized,  in  his  discretion,  bo  furnished  vol- 
to  furnish  to  volunteer  cavalry  companies,  whose  services  are  accepted  com^panics. 
for  the  war  by  the  Confederate  States,  all  necessary  equipments. 

Approved  August  21,  ISGl. 


[No.  6.]     Preamhle  and  resolutions  concerning  Brigadier  General  Ben.  McCullough.  August  22, 1861. 

Whereas,  it  has  pleased  Almighty  God  to  vouchsafe  to  the  arms  of  Preamble, 
the  Confederate  States  another  glorious  and  important  victory  in  a 
portion  of  the  country  where  a  reverse  would  have  been  disastrous  by 
exposing  the  families  of  the  good  people  of  the  State  of  Missouri  to 
the  unbridled  license  of  the  brutal  soldiery  of  an  unscrupulous  enemy  : 
Therefore,  be  it 

Resolved  %  the  Congress  of  the  Confederate  States,  That  the  thanks  Thanks  of  Con- 
of  Congress  are  cordially  tendered  to  Brigadier  General  Ben.  McCullough  ^'"^.^j^*  Gen.  McCul* 
and  the  officers  and  soldiers  of  his  brave  command,  for  their  gallant  lough  and  tho  offi- 


214.  PROVISIONAL  CONGRESS.    Sess.  III.    Res.  7,  8,  9.   1861. 

cers  and  soldiers  conduct,  in  defeating,  after  a  battle  of  sis  and  a  half  hours,  a  force  of 
under  his  com- the  enemy  equal  in  numbers  and  greatly  superior  in  all  their  appoint- 
^^^  '  ments;  thus  proving  that  a  right  cause  nerves  the  hearts  and  strengthens 

the  arms  of  the  Southern  people,  fighting,  as  they  are,  for  their  liberty, 

their  homes  and  firesides,  against  an  unholy  despotism. 

Resolved,  furilicr,  That  in  the  opinion  of  Congress,  General  McCul- 

lough  and  his  gallant  troops  are  entitled  to,  and  will  receive,  the  grateful 

thanks  of  our  people. 

Resolved,  further,  That  the  foregoing  resolutions  be  communicated 

to  that  command  by  the  proper  department. 

Approvd  August  22,  1861. 


A\igustol,  1861,  [No.  7.]     A  resolution  in  relation  to  drillmasters  aj}2}oin;cd  by  States. 


Preamble.  "WllEREAS,    Under  the    authority  of  some  of    the  States,   drillmasters 

were  attached  to  various  regiments ;  And,  whereas,  such  ofiice[r]s  are 
not  recognized  by  the  laws  of  the  Confederate  States,  and  consequently 
,  were  not  mustered  into  service  :    And  whereas,    several  of  such  drill- 

masters  have  nevertheless  continued  to  do  effective  service,  voluntarily, 
with  their  respective  regiments:  Therefore, 
Drillmasters  to      Resolved,  That  such  drillmasters  be  granted  an  honorable  discharge 
Sarged'"^'^  '^''"  whenever  they  shall  apply  therefor. 
Approved  August  31,  1801. 


AugustSl,  1861. V     [No.  8.]     Resolutions  to  provide  troops  in  the  field  with  bread  and  frcfh  proviiions. 


When  troops  in  Resolved  hy  the  Congress  of  the  Confederate  States  of  America,  That 
the  field  to  be  fur-  ^\^q  Secretary  of  War  be,  and  he  is  hereby,  directed  to  furnish  to  such 
Dished  wuh  bread,     r,  .  •      .t      n   ^  ^  ^     •       •,  ••,•  i  ii 

01  our  troops  in  the  neld  as  desire  it,  upon  requisition  made,  and  when- 
ever practicable,  in  lieu  of  the  usual  ration  of  flour  an   equivalent  of 
Bakeries  to  be  well  backed  bread;  to  this  end  he  is  authorized  to  establish  bakeries  in 
established.  puch  numbers  and  at  such  points  as  may  be  necessary  or   to   make   con- 

tracts for  the  supply  of  such  bread. 
Daily  ration  of     i?esc)?ycf?,  That  a  daily  ration  of  fresh  vegi[e]tables  be  furuish[ed]  to  all 
ftcsh  vegetables  for  tj-Qops  whenever  the  same  can  be  provided  at  reasonable  cost  and  charges 
to  the  government. 

Approved  August  31,  18G1. 


August  31,  1861.  [No.  9.]     Resolutions  in  regard  to  eertain  mo7iei/g  of  the  Congress. 


Secretary  of      Resolved,  That  J.  J.  Iloopcr,  Secretary  of  the  Congress,  be  directed 
Congress  to  place  ^^    i^^,^  ^^^  ^^^^  ^f  ^j^^.^^  hundred  and  twenty-five  dollars,  for  which  he 

certain    money    in,^,.  ppi/^  ^        r-i  c    \  \   ^  ±     ±\. 

his  hands  to  credit  sold  the  iron   saie  01  the   CongYess  to  the  (governor  oi  Alabama,  to  the 

of  contingent  fund  credit  of  the  contingent  fund  of  the  Congress. 

*'^i''?°^''*^^^-  ^  ,        Resolved,  further,  That  the  sums  for  which  the  articles  of  furniture 

other  sums  tobe,,^'''  Ir  ifiz-i  •  ^      -rt      •   • 

placed  to  credit  of  oi  ^.he  Congress,  at  Montgomery,  and  ot  the  Committee  on  the  Kevision 
said  fund,  by  the  of  the  Laws,  Were  sold,  be  also  placed  to  the  credit  of  said  contingent 
agent  cf  the  Trea-  f^j^  ^    ^jjg  Agent  of  the  Treasury  Department  under  whose  direction 

sury  Department.    ,-,  .i,.,"  ii  -^         ^ 

the  said  articles  were  sold. 


PROVISIONAL   CONGRESS.    Sess.  III.     Res.  10.     1861.  216 

R<soloed,  fxirtker,  That  said  Secretary  report  to  the  Congress,  at  li^     Focrcf.iry  fo  re- 
next  session,  his  action  under  these  resolutious.  Fc^'  -o  '^ng-s*- 

Approved  August  31,  1861. 


[No.  10.]     Resolutions  in  rf.epect  to  fhc  accounts  of  ike  Cotifircxg.  Auga^t  31,  f 881. 

Resolved  hi/ the  Congress  of  the  Confederate  States  nf  Ain erica,  That    Arccanta against 
the  accounts  against  the  Congress,  based  on  and  being  within  the  esti-^"^['^Jf  "'^j^j-'^^p^.j 
mates  of  the  Secretary  for  expenses  payable  out  of  the  contingent  fund  fund  cf  Cong-css. 
of  the  Congress,  shall  be  paid  out  of  said  fund,   where   such   estimates 
are    marked     '^  Approved"    by    the    Chairman    of    the    Committee    on 
Accounts,  and  where  the  said  Secretary  certifies  the  accounts  founded 
Ihereon  to  be  just  and  correct. 

Resolved,  further,  That  accounts  against  the  Congress,  approved  by 
eaid  Committee  of  Accounts,  be  paid  out  of  said  contingent  fund. 

Approved  August  31,  1801. 


PUBLIC  ACTS  OF  THE  PKOVISIONAL  COxNGRESS 

OF    THE 

CONFEDERATE   STATES. 


Passed  at  the  fourth  session,"*'  of  the  Provisional  Con(/ress,  which  teas 
herpai  and  held  at  the  City  of  Riehmond,  on  Tuesday,  the  third  day 
of  September,  1861,  and  ended  on  the  same  day. 

Jefferson  Davis,  President.  Alexander  H.  Stephens,  Vice-Presi- 
dent of  the  Confederate  States.  Howell  Cobb,  President  of  the 
Congresa. 


STATUTE   IV 


Chap.  I. — An  Ac.  t)  authorise  the  President  to  continue  the  appointments  made  hy  him,      ggpt  .3,  1861. 

in  the   Military   and   Naval  Service,  during   the  recesses  of   Congress,  or  the   last   or 

present  session,  and  tJ  submit  them  to  Congress  at  its  next  session. 

The  Conjre^s  of  tJie  Confederate  States  of  America  do  enact,  That  President  autho- 
thc  President  be  authorized  to  continue  the  appointments  made  by  him,  rizod  to  continue 
in  the  military  and  naval  service,  during  the  recesses  of  Congress,  or  ^Pj'^*''"Jj™fjj°^^ 
during  the  last  or  present  session,  and  to  submit  them  to  Congress  at  the  military  and  naval 
commencement  of  its  next  session.  service. 

Approved  September  3,  1861. 


Chap  II. — An   Act  supp!emen%l  to  an  act  to   estnhlish   the  rates  of  postafie  on  news-      Sept.  3,  1S61. 

papers  and  pcriodicali  sent  to  dealers  therein  through  the  mails,  or  by  Express  over • 

post  roads. 

The  Congress  of  the  Confederate  Statex  of  America  do  enact,  That  Amendment  of  ^ 
the  word  "  the"  where  it  last  occurs  in  the  second  section  of  said  act  2  of  act  of  j^sei. 
be,  and  the  same  i.^  hereby,  stricken  out,  and  the  word  "each"  sub- ^J^j^gj^j^J^ j.'J^^^^f 
stituted  in  its  stead.  postage  on  news- 

Approved  September  3,  1861.  ^^''P"''  *'• 

*  For  the  proclamalioa  calling  this  session  of  Congress,  sec  Appendix.     Proclama- 
tion No,  1,  pott  p. 


i 

APPENDIX-PROCLAMATIONS. 


PROCLAMATION 

NO.  r. CALLING  AN  EXTRA  SESSION  OF  CONGRESS. 

Bj/  the  Prrsident  of  the  Confederate  States  of  America — A   Proclamation.  Sept.   2,  18CT. 


Whereas,   througli  accident,  a  bill  to  authorize  the  President  to  con-     Preamble  as  to 
tinue  the  appointments   made   by    him  in    the    military   and    naval '^PI'^'"*^™""'^ '° 

]      ■'^      .'I  n  (^  ,1  .  •  1     .     tue    military    and 

service   during  the  reces.s  ot  Congress  or  the  present  session,  and   to  ■a^yax  service, 
submit  them  to  Congress   at  its  next  session,  fliilcd  to  be  delivered  to 
the  President  for  his  signature  prior  to  the  adjournment  of  Congress; 
and  whereas,  the  failure   of   said   bill  to  become  a  law,  would   cause 
serious  inconvenience  to  the  public  service — 

Now,  therefore,  I,  Jefferson  Davis,  I'resident  of  the  Confederate     Congress   con- 
States,  do   issue  this   my  proclamation,  convoking  the  Congress  of  the  ^'''''*^'^- 
Confederate  States  for  the  transaction  of  business,  at  the  Capitol,  in  the 
city  of  Kichniond,  on  the  8d  day  of  September,  at  12  o'clock,  noon,  of 
that  day,  of  which  all  who  shall  at  that  time  be  entitled  to  act  as  mem- 
bers of  that  body  are  hereby  required  to  take  notice. 

' — ' — ^  (liven   under   my  hand  and  the  Seal  of  the  Con- 

-^    srvi.    ^  federate  States,  at  Richmond,  this  2nd    day  of  Sep- 

<_^_,^  tember,  A.  D.,  1861. 

JEFFERSON  DAVIS. 
By  the  President, 

R.  M.  T.  Hunter,  Secretary  of  State. 


PUBLIC  ACTS  OF  THE  PROYISIOXAL  CONGRESS 

OF    THE 

CONFEDERATE   STATES. 

Passed  at  (he  fifth  session  of  the  Provisional  Congress,  which  icas  h'-<jiin 
and  held  at  the  city  of  Richmond,  on  Monday,  the  eightemth  day  of 
Xovcmhcr,  18G1,  and  ended  on  the  eighteenth  day  of  February,  1862. 

•Jefferson  Davis,  Prcsideut.  Alexander  II.  Stefiiens,  Vice-Presi- 
dent of  the  Confederate  States.  Howell  Cobb,  President  of  the 
CoDsress. 


STATUTE    V. 


Chap.  I. — An  Ad  to  admit  the  State  of  Missouri  into  the  Confederacy,  as  a  member  of     Nov.  28,  18C1. 
the  Confederate  States  of  America.  

jTJie  Congress  of  the    Co 7i federate   States  of  Amn-ica  do  enact,   That     Mi^eouri  aJmi^ 
the  State  of  Mis«ouri   be,  and   is  hereby,  admitted   as  a  member  of  the  ^^'^^ 
Confederate  States  of  America,  upon  an  equal  footing  with  the  other  States 
of  the  Confederacy,  under  tlie  Constitution  of  the  provisional  govern- 
ment of  the  same. 

Approved  November  28,  ISGl. 


Chat.  II. — -Iti   Act  to  enable  the  State  of  Missouri  to  elect  memlers  of  the  House  of     Nov.  23,  1  SOI. 

Hcprescntativcs.  ' 

7he   Congress  of  the    Confederate    States  of  America  do   enact,     as     Election  of  mem- 
follows  :   In  case  the  State  of  Missouri  shall  a"dopt  and   ratify  the  Con-  I'„"';{^',"'"nou^''"^'f 
.-ititution  for  the  permanent  government   of  the   Confederate  States  of  j^pprcscntativcs. 
America,  the  time  for  holding  in  said  State  the  first  election  for  members 
of  the  House  of   Kcprcsentatives,  in   the  Congress  of  said   Confederate 
States,  under  .said  Con.stitution,  shall  be  such  as  may  be  designated   by 
the  Legislature  of  said  State ;  which   election  shall  be  conducted,  in  all 
respects,  according  to  said  Constitution  and  the  law  of  said  State,  then 
in  force  for  that  purpose;  and  if  no  provision  by  law  shall  have  been 
made  for  such  election,  then  according  to  the  laws  heretofore  existing 
therein  for  the  election  of  members  of  the  House  of  Representatives  in 
the  Congress  of  the  United  States. 

Sec.  2.  The  State  of   Missouri  shall   be  entitled   to  elect  thirteen     Number, 
members  to  the  House  of  Ilcprcseatatives,  the  same  being  upon  the  basis 


222  PROYISIONAL  CONGRESS.    Sess.  V.    Cii.  3,  4,  5,  G.   1861. 

of  one  member  for  every  ninety  thousand  representative  population,  and 
one  additional  member  for  a  fraction  over  one-half  of  the  ratio  aforesaid, 
under  the  census  of  the  United  States,  taken  in  eighteen  hundred  and 
sixty,  and  being  the  same  basis  of  representation  fixed  for  the  seven 
original  States,  in  said  Constitution  for  permanent  government. 
Approved  November  29,  1861. 


ISOl,  Dec.  7.  Chai'.  III. — An  Act  fur  the  employment   of  laundresses   in  Military  Ilospitah. 


Emrloyment  of       The.  Congress  of  the    Confederate    States    of  America  do  enact,  That 

1  :iu  n dresses  io  superintendents  of  the  diflPercnt  military  hospitals  be,  and  they  are  hei'e- 

mi  uary    ospi  a  s.  -^^^^  authorized  to  employ  laundresses  for  the  sick  and  wounded  soldiers,  at 

such  rates,  and  in  such  numbers,  as  may  be  prescribed  by  the    \\  ar 

Department. 

Approved  December  Y,  1801. 


1861,  Dec.  7.       Chap.  IV. — An  Act  to  authorize  the  appointment  of  one  or  more  officers  to  aid  the  Preai- 
■  dent  to  iiyn  curumiasions  in  the  army. 


OflBcers  to  affix  The  Congress  of  the  Confederate  States  of  America  do  enact,  That 
signature  of  thej-i^g  President  be,  and  he  is  hereby,  authorized  k)  delegate  power  to  one 
missions  in  t  h  e  ^r  more  officers,  to  be  selected  by  him,  to  affix  the  signature  of  the 
arm}'.  ^      President  to  commissions  in  the  army. 

Approved  December  V,  1861. 


18G1,  Dec.  10.      Chap.  V. — An  Act  for  the  admis.iion  of  the  State  of  Kentucky  into  the  Confederate  States 
~ of  America,  as  a  member  thereof. 

Kentucky    ad-      The    Cougrcss  of   the   Confederate  States  of  America  do  enact,    That 
i^'f'^*^'^-  the  State  of    Kentucky  be,  and  is  hereby,  admitted  a  member  of  the 

Confederate  States  of   America,  on  an   equal  footing   with    the    other 
Siates  of  this  Confederacy. 
■     Approved  December  10,1801. 


1861,  Dec.  10.  Chap.  VI. — An  Act  to  authorize  the  Secretary  of   War  to  appoint  an  Asf:iatant. 


Appointment  of      The  Congress  of   the   Confederate  States  of  America  do  enact,  Tliat, 

As.srstant  S;creta-  the  Secretary  of  War  be,  and  he  is  hereby,  authorized   and   empowered 

'^  "       '^''  to  appoint  an  assistant,  who  shall   be  known  as  the  Assistant  Secretary 

Ilis  duties.  of  War,  who  shall  perform  such  duties  as  may  be  assigned  him  by  the 

Compensation.    Secretary,  and  receive   as  compensation  for  his  services  three  thousand 

dollar.'  per  annum. 

Approved  December  10,  1801. 


1861,  Dec,  10.       CllAP.    VII. — An   Act  to    authorize   the    oppnintment    of   chief   buglers    and    j^rnjcr^jmi 
vntsicians  to  n gimcnts  in  the  provinional  army. 

Chief  bugler  or       The  Congress  of  the    Confederate   States  of  America  do  enact,  That 
principal  musician  \\-^q   President   be,   and    he   is    hereby,  authorized   to  appoint  a    chief 

tor  each  regiment.  i        i  •       •      i  •    •  i-  i  i  i  •  j.  ;„ 

°  bugler   or   principal   musician,  according   to   corp-''^  to  each  regiment  in 

the  provisional  army. 

Appkoved  December  10,  1861. 


PROVISIONAL  CONGRESS.     Sess.  Y.     Cn.   8, 9.       1861.  223 

Chap.  \'lll.—An  Act  to  authorize  the  enlistment  of  additional  seamen.  1861,  Dec.  10. 


The   Congress  of  the   Confederate  States  of  America  do  enact,   That     Enlistment 
the  President  be  authorized  to  enlist  for  the  war  any  additional  number  f.^/lJ*""^  '*"' 
of  seamen,  not  to  exceed  two  thousand,  that  the  exigencies  of  the  naval     ^j 
service,  and  the  defence  of  the  sea  coast  and  of  rivers  and  harbors  may, 
in  his  judgment,  render  necessary. 

Approved  December  10,  18G1. 


of 

eamea 
e  war. 
aximuui. 


Chap.  IX. .in  Act  providing  for  the  granting  of  Itonnty  and  furloughs  to  priratcs  and      1861,  Dec.  11. 

non-commisnioncd  officers  in  the  provisional  army. 

The   Congress  of   the  Confederate  States  of  America  do   enact,    That     Bounty  granted 
a  bounty  of  fifty  dollars  be, "and  the  same   is"  hereby,  granted  to  all  pri- *»  privates,  mu^i- 

J.J  J         __  ,      a.  •      .{.  '   •         1  cians     and    non- 

vatcs,  musicians  and  non-commis.«ioned  oihcers  in  the  provisional  army,  commissioned  offi- 
who  shall   serve  continuously  for   three  years  or  for  the  war,  to  be  paidcer.^. 
at  the   following   times,  to  wit:  To  all   now   in  the   service  for  twelve     Times  of  pay- 
months,  to  be  paid  at  the  time  of  volunteering  or  enlisting,  for  the  next  >"™t- 
two  ensuing  years  sub.sequent  to  the  expiration  of  their  present  term  of 
service.     To  all  now  in  the  service  for  three  year.H,  or  for  the  war,  to  be 
paid  at  the  expiration  of  their  first  year's  service.     To  all  who  may 
hereafter  volunteer  or  enlist  for  three  years  or  for  the  war,  to  be  paid  at 
the  time  of  entry  into  service. 

Sko.  2    And  he  it    further  enacted,   That  furloughs   not  exceeding     Furloughs  with 
sixty  davs,  with  transportation  home  and  back,  shall   be  granted  to  all  *  ranspor  tation 
,•'•'',  .      .1  •  1        1     11        •       X     ii  •      i.*       irrantea  to  twelve 

twelve  months  men  now  in  the  service,  who  shall,  prior  to  the  expiration  ^^^^^j^g  ^^^^ 

of  their  present  term  of  service,  volunteer  or  enlist   for  the  next  two 
ensuing  years  subsequent  to  the  expiration  of  their  present  term  of  ser- 
vice or  for  three  years  or  the  war;  said  furloughs  to  be  issued  at  such     AVhen    to  be 
times  and  in  such  numbers  as   the  Secretary   of  AVar  may  doom  most '^="^^^- 
compatible  with  the  public  interest;  the  length  of  each  furlough  being     Length  of  fur- 
regulated    with  reference  to  the  di.stance   of  each   volunteer  from  his  lough. 
home:  Provided:  That  in  lieu  of  a  furlough,  the  commutation  value  in     What  may  be 
money  of  the  transportation  herein  above  granted,  shall  be  paid  to  each  received  in  lieu  of 
private,  musician  or  non-commissioned  officer,  who  may  elect  to  receive  "'     ° 
it,  at  such  time  as  the  furlough  itself  would  otherwise  be  granted. 

Sec.  3.  This  Act  shall   apply  to  all  troops   who  have  volnntcf'rod  or     To  what  troops 
enlisted  for  a  term  of  twelve  months  or  more  in  the  service  of  any  State,  ^^^'^  ^"^^  ^°  arvh'- 
who  are  now  in  the  service  of  the  said  State,  and  who  may  hereafter 
volunteer  or  enlist  in  the  service  of  the  Confederate  States  under  the 
provisions  of  the  present  Act. 

Sko.  4.  And  he  it  further  enacted.  That  all  troops  re-volunteering  or     Re-organization 

re-enlisting  shall,  at 'the  expiration  of  their  present  _  term   of   service,  of^'^^o^^PY;-;;^'"": 

have  the  power  to  re-organizc  themselves  into  companies  and  elect  their  ligji,,^  „t  jijg  g^- 

coiupany  officers,  and   said   companies   shall  have  the  power  to  organize  piration  of  their 

themselves    into  battalions  or  regiments    and   elect  their  field  officers ;  r'"^'^«f^'|^*^  t^'"'"  "^ 

and   after  the  first  election,  all  vacancies  shall    be  filled   by  promotion  ''^y^^/^n^igg  ^^U^ 

from  the  company,  battalion   or  regiment  in  which  such  vacancies  may  ^y  promotion. 

occur:    Provided,    That   whenever  a  vacancy  shall   occur,  whether  by     In    the   lowest 

promotion  or  otherwise,  in  the  lowest  grade  of  commissioned  officers  of  ST"'''"  °*"  commis- 
r  ,     1,      ,  1       i2ii    1    1.        1      i-  A     1  sioned     officers 

a  company,  said  vacancy  shall   always  be  failed    by  election  :  And  pro-  j^^g^  y^y  election. 

vided  further,  That  in  the   case  of  troops   which   have  been  regularly     Officers  of  ccr- 

enlisted  into  the  service  of  any  particular  State  prior   to   the  formation  t'^iQ   State   troops 

^     ,       ,-^      „   .,  -1       1  •    1     1  1  1    CI,    ■     1  i.  1  J.    turned  over  to  the 

of  the  Confederacy,  and  which   have  by  such  State  been  turned  over  to  ^.    g^  appointed, 

the    Confederate  government,  the  officers   shall  not  be  elected,  but  ap-  ic,  as  heretofore. 


224  PROVISIONAL  CONGRESS.  Sess.  V.  Ch.  10,  n,  12.    1861. 

appointed  and  promoted  in  the  same  manner  and  by  the   same  authority 
as  they  have  heretofore  been  appointed  and  promot-ed. 

Apphoved  December  11,  1861. 


1S61.  Dec.  12.  Chap.  X. — An  Act  to  divide  tJie  State  of  Tennessee  into  three  Judicial  Districts. 


Tennessee  divid-  The  Congrcss  of  the  Confederate  States  of  America  do  enact,  That 
ed  into  three  judi- the  State  of  Tenessee  shall  constitute  three  judicial  districts,  to  be 
cial  districts.  denominated  the  eastern,  middle  and   western   districts,  the  territorial 

boundaries  in  which  shall  be  the  same  as  those   designated  by  the  laws 
of   the   United  States,  before  the  separation  of  said    State   from   the 
Union. 
One  district      Sec.  2.  There  shall  be, as  heretofore,  onc  district  judge  for  the  whole 
.iudge  for    the  State,  whose  duty  it  shall   be  to  hold  two    terms    of   his    court    every 
wliole  State.  year,  in  each  of  said  divisions  or  districts,  at  the  times  and   places  pre- 

terms in  each  dis-  scribed  by  law  at  the  time  the  State  withdrew  from  the  United  States, 
trict.  Sec.  3.  It  shall    be  the  duty  of  the  President  of  the  Confederate 

Marshal  and  States  to  appoint  a  marshal  and  attorney  for  each  of  said  districts. 

attorney  tor    each  ^'^  *' 

district.  Approved  December  12,  1861. 


ISCl    De".  18.      Chap.  XI. — ^•l.'i  A:^t  to  provide  for  the  jjai/ment  of  the  carriers  cf  ;^c  electoral  votes  of 
the  renpeetive  States  of  the  Confederacy. 


Mileage  and  pay      The  Congress  of  the  Confederate  States   af  America  do  enact,    That 

allowed  carriers  of  mileage,  at  the  rate  of  ten  cents  a  mile  and  eight  dollars  per  diem,  to 

eiect':'ra   ictcs.      -^^  computed  for  the  number  of  days  actually  required  by  the  ordinary 

routes  of  travel  to  and  from   the  capitals  of  the  respective  States  to  the 

capital  of  the   Confederacy,  be,  and   are   hereby,  allowed  to  the  carriers 

of  the  electoral  votes  to  the  seat  of  government. 

Approved  December  18,  1861. 


18C1    Dec.  18.  Chap.  XIT. — An  Act  providing  for  the  transfer  of  certaii  appropriations. 


Transfer  of  cer-      The   Congress  of   the   Confederate  States  of  America  do  enact,    That 

tain    appropria- all  sums  remaining  unexpended  out  of  the  appropriations   made  by  the 

"^^''°^'  following  acts,  to-wit :    First,    "  An   act  making  appropriations  for  the 

support  of  the  regular  army  of  the  Confederate  States  of  America,  for 

l?Gl,  March  11.  twelve  months,  and  for  other  purposes,"  approved  March  eleventh, 
eighteen  hundred  and  sixty-one;  Second,  '' An  act  making  appropria- 
tions in  addition  to  those  already  made  for  the  military  service  of  the 
Confederate  States  of  America,  for  the  fiscal  year  ending  the  eighteenth 
day  of  February,  onc  thousand  eight  hundred  and  sixty-two,"  approved 

1?G1,  May  21.  May  twenty-first,  eighteen  hundred  and  sixty-one,  be,  and  the  same  are 
hereby,  ordered  to  be  transferred  for  distribution  and  expenditure  in  the 
manner  provided  in  the  second  section  of  an  act  entitled  "An  act 
making  appropriations  for  the  public  defence,"  approved  en  the  twcnty- 

l8t;''.Ai:g.  21.     first  day  of  August,  eighteen  hundred  and  sixty-one. 
Arpr.ovED  December  18,  1861. 


PROVISIONAL  CONGRESS.     Sess.  V.     Ch.   13,  14.   1861.  225 

CnAP.  XIII. — All  Act  to  cstabfiih  the  date  from  tchirh  the  comtnissiom  of  certnin  staj/      ISGl,  Dec.  1?. 
officers  shall  take  effect. 


The   Congrcs.s  of  the   Confederate  States    of  America  do  enact,    Tliat     Rank  ami  pay 

all  slirirous,  assistant  suro-eons,  quartermasters,  commissaries  and  assistant  *^f  surguoiis.  quar- 

"        '  ,  "    .      '  i  .         1  1  .     .         ,    .       , ,      t  e  r  111  a  s  t(  rs  ami 

quartcn-masters   and    commissaries,  appointed   and  commissioned   in   i')c  g„„jmi5.j..,yies  ^ho 

provisional  army,  and  who  may  liaA'c  commenced   their  service  hcfore  commonce! service 
receivin";   their    commissions,  shall  be  entitled  to  take  rank  and  receive ^'/'f"'"*^  nf.vMvmg 
/>      ^  ,1       1    ,  1  .1  ,11  1    i  c  lx.    ■  t'leii^  commission?, 

pay  from  the  date   when   they  actually  cemmenced  to  pertorm  their  re- 
spective duties,  with  troops  in  the  service  of  the  Confederacy. 
Approved  December  18,  1861. 


CnAr.   XIV. — An  Act  further  snplementari/  to  an  act  to   authorize  the  issue   of  treasury      1S61,  Dec.  19. 
notes,  and  to  provide  a  war  ta.v  for  their  rediY'irttion.  


The   Congress  of  the   Confederate  States  of   America  do  enact,    That     Payment,  to  tho 
the  Secretary  of  the  Treasury   is  hereby  authorized  to  pay  over  to  thel^'«n'<s  ^'f  :i'i^an''"s 
several  banks,  which  have  made   advances  to  the  ,<;ov(.!rnment,  in  'i''it'ci-°^^'g^^^':'^'i.^j^'^^^  ^^ 
pation  of  the  issue  of  treasury  notes,  a  sufficient  amount,  not  exceedinj^ 
ten  millions  of  dollars,  for  the   principal,  of  treasury  notes  to  pay  the 
principal  and    interest   due  upon   the   said   advance,  according  to  the 
engagements  made  with  them. 

Skc.  2.  The  time  fixed    by   the  said  act,  to   which  this  act  is  further     Time  for  mak- 
supplementary,  for  making  assessments,  is   hereby  extended  to  the  first  > " ,?    assespmciits. 

1  i'    T  i  1   ,1        i-         i^      ii.  1    i-  J     J    1-  delivery iicdrctuin 

day  ot  January  next;    and  the    time  tor  the   completion    ana    delivery  ^jj-jj^^g; 

of  the  lists  is  extended  to  the  first  day  of  February  uext;  and  the  time     £,  ,  . 

for  the  return  of  the  said  lists  to  the  Chief  Collector   is  extended    to  t  r^.,  j,  i, ,:  y  „,.iy 

the   first   day  of  March  next;  and  in  cases  where  the  time  thus  fixed  make  further  cx- 

shall  be   found   insufficient,  the  Secretary  of  the   Treasury  shall  have  *^"f  "'"■,,     . 

1     n    ,1  •  •  ,  ■•  Act  isei,  Aug. 

power  to  make  lurther  extension  as  circumstances  may  require.  19,  ^  4. 

Sec.  3.  The  cash  on  hand,  or  on  deposit  in  bank,  or  elsewhere,  men-     Cash  on  han<l  or 

tioued  in  the  fourth  section  of  said  act,  is  herebv  declared  to  be  subject "°  <^l<'i"'sii.  ^uhyct 

1   .         .•  1    .1  "•    i  J.  •  ^11      '"  a-=s=ef?<>nient  and 

to  assessment  and  taxation  :  and  tiie  money  at  interest,  or  invested  oy  tjixation. 
individuals   in  the   purchase   of  bills,   notes,   and  other   securities   for     Securities    for 
money   shall    be    deemed    to    include    securities   for    money   belonging  ""'"'-T    belonging 
to   non-residents,    and    such    securities  shall    be  returned,  and  the  tax  jj^^^^,'^'' 
thereon   paid  by   any  agent  or  trustee  having  the  same  in  possession     Agent  or  tnutie 
or   under   his    control.     The   term   "merchandize"   shall  be   construed  *<*?''>' 'be  tax. 
to     include    merchandize    belonging    to    any    non-resident,    and     ^'^^cLaiidi-'e  '     how 
property  shall  be  returned,  and  the  tax  paid   by  any  person  having  the  ccn.'itmed. 
same    in   possession  as   agent,  attorney,  or   consignee  :    Provided,  That     II"w  tli«  w<tJs 
the  words  "  money  at  interest,"  as  used  in   the  act  to  which  this  ^ct^p"^"^'/^^^"^^^.  J^°" 
is  an  amendment,  shall  be  so  consti'ued  as  to  include  all  notes,  or  other  stiued. 
evidences  of  debt,  bearing  interest  without   reference  to  tho  considcra-     A  srr  icul  tnral 
tion  of  the  same.     The  exception  allowed  by  the  twentieth  section  ^«r[^';"^^"t'^^^'""^^\'"J 
agricultural  products  shall  be  construed  to  embrace  such  products  only  when  in  the  bam^s 
when   in   the   hands  of  the  producer,  or   held   for  his  account.     IJvit  no  of  tiic  producer  or 
tax  shall  be  a.sscssed  or  levied  on  anv  money  at  interest  when  the  note.         /'"^         "'^' 

,,,.,,  ,  .  1  ■'^        •  1      n     1  11  cnuilt. 

bond,  hill  or  other  security  taken  for  its  payment  shall  be  worthless  No  tax  on  notes, 
from  the  insolvency  and  total  inability  to  pay  of  the  payor  or  obligor,  orhonds,  Ac,  •when 
person  liable  to  make  such  payment;  and  all  securities  for  moncv  taxable  P"-^'^*"  "'".^^''2*"" '^ 

X  X    *,'  f  •  insolvent. 

under  this  act  sliall  be  assessed  according  to  their  value,  and  the  as-sessor  securities  for 
shall  have  the  same  power  to  ascertain  the  value  of  such  securities  as  money  to  bo  as- 
the  law  confers  upon  him  with  respect  to  other  property.  ^'^'*'*-''\    iiocordin^ 

Sec.  4.  That  an  amount  of  money  not  exceeding  twenty-five  thousand    Apprnpriation  to 
dollars,  shall  be,  and  the  same  is  hereby,  appropriated,  cut  of  any  money  tbociiici. State  Tax 

15 


-226  PROVISIONAL  CONGRESS.     Sess.  V.  Ch.  15,  16.      1861. 

Collectors  to  pay  in  tlie  treasury  not  otherwise   appropriated,  to  be  disbursed  uuder  the 

cffice'ri.f<t  •!''''■  ^"tliority  uf   the   Secretary  of   tlie   Treasury,  to  the   Chief  State  Tax 

Collectors,  for  such  expenses  as  shall  be  actually  incurred  for  salaries  of 

clerks,  office  hire,  stationery  and  incidental  charges ,  but  the  books  and 

printing  required  shall  be  at  the  expense  of  the  department,  and  subject 

to  i  s  approval. 

Lien  for  lax  to      Sec.  5.  The  lien   for  the   tax  shall  attach   from   the  date  of  the  as- 

attach   from   date  gessmeut,  and  shall  follow  the  same  into  everv  State  of  this  Confederacv  : 

Property  re- '^'^^  ^"  ^^^^  '^"J  P<^'"''^on  shall  attempt  to  remove  any  property  which  may 

noved    liable    t  o  be  liable  to  tax,  beyond  the  jurisdiction  of  the  State,  in  which  the  tax 

lax  may  be    (Us- [^  paA'ablc,  without  payment  of   the  tax,  the  collector  of  the  district 

trained  and  sold.  ■!  •    .      •  i       n  ^i  •       .i.  •  •  i    j 

may  aistrain  upon  and  sell  the  same,  in  the  same  manner  as  is  provided 
in  cases  where  default  is  made  in  the  payment  of  the  tax.  ^ 

Collection  of  the      g^^^  Q    (),j  t]^^  report  of  any  Chief  Collector,  that  any  county,  town 

tttx    may    be   sus-         i-  ,.  •    .  ^    xv  x-  •  •  i    i      xi.  vi-  i. 

pcndcd  in  counties,  or  district,  or  any  part  thereoi,  is  occupid   by  the  public  enemy,  or  has 

Ac,  occiipied  by  been  so  occupied  as  to  occasion   destruction  of  crops  or  property,  the 

tii«  public  enemy.  iSecre'tary  of  the  Treasury  may  suspend  the  collection  of  the  tax  in  such 

region  until  the  same  can   be  reported  to  Congress  and  its  action  had 

thereon. 

Appointment  of      Sec.  7.  In  Case  any  of  the  Confederate  States  shall  undertake  to  pay 

distnet  ^collectors  ii^g  j,,^  Iq  ^te  collected  within   its   limits,  before   the  time  at  which  the 

v.- hen    State   as- 1^'''''^'"'^''' ^^o'^^^^*^^''''   ^^^^^  enter  upon   the  discharge  of  their  duties,  the 

eamestLe  payment  Secretary  of  the  Treasury  may  suspend   the   appointment   of  such  col- 

of  the  ta.\,  lectors,  and  may   direct  the  Chief  Collector  to  appoint  assessors,  ajid  to 

And     the    Chief,    ,  '  -^  r-       .->  i  •  i  p     /•        xi,  ^ 

Colloutor  may  ap-  *'^^^  proper  measures  tor  the  making  and  periecting  the  returns,  assess- 
point  assessors,  ments  and  lists  required  by  law ;  and  the  returns,  assessments  and  lists 
and  provide  forg,j  made  shall  have  the  same  legal  validity,  to  all  intents  and  purposes, 
turns  'a-c.°  "  '^'^'  ^^  i^  made  according  to  the  provisions  of  the  act  to  which  this  act  is 
supplementary. 
Tax  lists  to  con-  ,Sko.  8.  That  tax  lists  already  given,  varying  from  the  provisions  of 
oim  to  t  i»  /  ct.     ^^  ^j^jjj  ^^^^  shall  be  corrected  so  as  to  conform  thereto. 

Approved  December  19,  1861. 


1S61,  Dec.  19.      Chap.  XV. — An  Act  for   the  recruiting  service  of  tJcc  provisional  army  of  the  Confede- 
rate  S'ates. 


Recruiting   and      The   Confjreas  of   ihe   Confederate  States  of  America  do  enact,    That 
cnhirting  men  tor  ^]jg  Secretary  of  AVar  be,  and  he  is  hereby,  authorized  to  adopt  measures 

comrjixmes  reduced  /.  •,•   "  i        i-    ,•  /•  "      •       •  •        ^     \^ 

hy  d'-ath  and  dis- ^'*^  recruiting  and  enlisting  men  tor  companies  in  service  tor  the  war,  or 
charges.  three  years,  which,  by  the  casualties  of  the  service,  have   been  reduced 

by  death  and  discharges. 
Company    com-      Seo.  2.  ^1?*^?  he  it  further  enacted,  That  the  Secretary   of  War  be, 
)v.iKsioned   officers  ^nd  he  is  hereby,  authorized  to  detail  the  company  commissioned  officers 
ciiii'dutv  "  ^     ''  ^'^^'  ^^^^  above  duty,  in   such  numbers    and    at  such  times  as,  in    his 
opinion,  will  best  comport  with  the  public  service;  the  officers  thus  ap- 
pointed to  enlist  and  recruit  for  their  respective  companies. 
Approved  December  19,  1861. 


1801,  Deo.  21.       CnAP.   XVT. — An  Act  to  delcrminc  the  numhcr  of  mcmlcrH  the  State  of  KeniucJn/  xhall  he 

entitled   to  have   in  the  House  of  Representatives  of  the  CongresH  of  the   Confederate 

States,  and  in  relation  to  the  election  and  returns  thereof. 

Numberofmem-  y/^g  Congress  of  the  Confederate  States  of  America  do  enact,  That 
titled  to^in'i/ou^B  ^^^  State  of  Kentucky  shall  be  entitled  to  have  in  the  House  of  Repre- 
cf  iieprcsentativcs.  seutatives  of  the  Congress  of  the  Confederate  States,  twelve  members. 


TROVISIONAL  CONGRESS.     Sess.   V.     Cn;   17.     1861.  227 

Sec.  2.  These  members  shall  be  elected  in  the  manner,  at  the  time,     Election,  <to.,  of 
and  at  the  places  which  have  been,  or  may  hereafter  be,  prescribed  by  "^^"^ 
the  Legislature  of  the  State,  subject   to  the  provisions  of  the  Constitu- 
tion of  the  Confederate  States. 

Sec.  3.  The  persons  elected  shall  be  certified  by  the  Governor.  Ooremor  tocer- 

^  •'  tify     t  h  e    porsoa 

Approved  December  21,  18G1.  elected. 


Chap.   XVII. — An  Act  in  relation  to  taxes  on  property  which  has  been,  or  tphich  is  liable      1861,  Dec.  23. 
to  be  sequestered  as   the  property  of  alien  enemies.  


Th^   Conr/rcss  of  the   Confederate  States  of  jhrierica  do  enact,   a?   fol-     Kccoivers  to  paj 
lows:  That  it  shall  be  the  duty  of  the  Receivers  under  the  sequestration  tax.s    n  property 
act,  to   pay  all  taxes  upon  property  of  alien   enemies,  which  is  liable  ^^  '*''*'°  enemies, 
therefor,  within   their  respective   districts,  out   of   any   funds  in  their 
hands  as  receivers,  said  payment  to  be  charged   to  the  account  of  the 
property  upon  which    the  tax   has  been  paid  :   Provided,  however,  If  it     Proviso, 
appear  to  any  Receiver  that  such  property,  in   any  case,  is  not  worth 
more   than  the  taxes   for   which  it  is  liable,  he  shall  report  the  facts  to 
the  Secretary  of  the  Treasury,  who.se  duty  it  shall   be   to   instruct  the 
Receiver  whether  he  shall  pay  the  taxes  or  allow  the  property  to  be  sold 
for  the  taxes. 

Sec.  2.  That  the  Receivers  be  authorized  to  sell  by  order  of  court,     Sale  of  sequ  e- 

and  in  such  manner,  and   upon  such  terms,  as  the  court  may  prescribe,  ♦«'"®^  property  to 
.,,.',.      '  ,.  1-   I   •    i  1  •   1,    I,        u  raise    money  lor 

any  property  withm  their  respective   districts,  which  has   been  seques- ^j^j^     ^j.    ^^ ^ 

tered,  or  which  is   liable   thereto,  for   the  purpose  of  raising  money  for 
the  payment  of  the  taxes  afn-esaid. 

Sec.  3.  That  whenever  a  Keceiver  has  not  funds  in  hand,  over  and  When  reeeirer 
above  what  is  necessary  for  other  expenditures,  sufficient  to  pay  said  may  ^ive  to  col- 
taxes,  and  cannot  obtain  the  same  by  sale  as  aforesaid,  within  the  time  ^^^l^'J'J^^j'"^^].  '^^^^°- 
fixed  for  tlie  payment  of  said  taxes,  he  is  hereby  authorized  to  give,  to  due  on  the  propor- 
the  tax  collector  charged  with  the  collection  of  the  taxes,  a  certificate  of  t.v'f alien onemiea. 
the  amount  due,  and  he  shall  specify  therein  the  property  upon  which  .•<-  .j  •'^q  i^<.  ,fg/^2- 
the  same  is  due;  and  the  Secretary  of  the  Treasury  shall  pay  the  eato. 
amount  so  certified  to  be  due,  and  shall  cause  the  same  to  be  charged  to     Secrct.arr  of 

the  sequestration  fund.    But  the  giving  of  the  certificate  shall  be  subiect '"^''^^''^''y    *^   P»J 

-      i  ,.   .  1  •  1    1  •  1  -1      ^"^  amount    and 

to  the  same  condition  precedent  as  provided  in  regard  to  payment  in  the  ehar^'d    same     to 

first  section  of  this  act.  "  sequestration 

Sec.  4.  That  the  Secretary  of  the  Treasury  be  authorized  to  make  ^^"''•. .-    ,        . 
agreements  with  the   several   States,  counties,  cities  and  towns  for  the  j^.j  xo    condition 
postponement  of  the  collection  of  taxes  for  which  the  property  of  alien  preood  nt. 
enemies  sequestered,  or  liable  to  be ;  and  in  case  any  one  or  more  of  the  ^  l'<'stp"ncinsntof 

^  1.  ..  ,  '  ,  ,'  ,.i,the    collection    of 

btates,   counties,   cities   or  towns   consent   to   the   same,   he   is   hereby  ^.,^j,g  „„  ,i,e   p^,. 
empowered  to  issue  certificates   for  the  amount  due,  bearing  interest  at  qiio.-ti.'ri'd  property 
the  rate  of  six  per  cent,  per  annum,  which  shall  bind  the  government  to  "^  J*'"^"  '■nii»»p«- 
pay  the  same,  and  which,  when    paid,  shall  be  charged  to  the  sequestra- j^,^  .,„j,,„„,  ji,,^ 
tion  fund.  W  hen     pai  d 

Sec.  Ti.  That  whenever  the  property  of  an  alien  enemy  sequestered,  charged  to  .ecques- 
or  liable  thereto,  has  been,  or  shall  hereafter  be,  sold  for  taxes,  the  "^Vo'limption  of 
Secretary  of  the  Treasury  is  hereby  authorized,  with  the  assent  of  the  t  h  c  pi-qucsiorod 
State  in  which  the  property  has  been  sold,  to  redeem  the  same  by  the  property  of  alifn 
payment  of  the  sum  or  suuis  required  to  be  paid  by  citizens  in  such  |'^^|^"'^  ^^  "'^ 
case,  or  by  the  issue  of  certificates  therefor,  as  hereinbefore  provided, 
should  he  deem  it  advisable,  and  in  all  such  cases,  such  property  shall 
go  into  the  hands  of  the  Receiver  for  the  district  in  which  the  same  is     I'\''f''>^er  to  taki 

•  111111  ^     f        •         y  and    account    fur 

Situate,  and    be   held   and   accounted   lor   in   the  same  manner  a.s  other  the  same 


228  PROVISIONAL  CONGRESS.    Sess.  V.  Ch.   18,19,20.   18G1. 

sequestered   property;    provided   the   amount  of  the   redemption  shall 
be  charged  to  the  sequestration  fund. 
Approved  December  23,  1861. 


ISfi],  Dec.  23.      Chap.  XVITI. — An  Act  lo  nmcml  "An  act  to  require  the  receipt  hy   the  Postmasters  of 
V the  Confedernfc  Slatca  of  trcnmiry  natrs,  in  sums  (if  fxe  dollars  and  upwards,  in  pay- 
ment of  poittnrje  stamps   and   stamped  envelopes,"    approved  August  thirti  th,  eighteen 
hundred  and  sixty-one. 

The   Congirss  of   the   Confederate   States  of   America  do  enact,    That 
the    provisions  of  "An  act  to  require  the  receipt  by  the  Postmasters  of 
the  Confederate  States,  of  treasury  notes,  in  sums  of  five  dollars  and  up- 
wards, in  payment  of  postage  stamps  and  stamped  envelopes,"  approved 
1861,  Aug.  30.     August  thirtieth,  eighteen  hundred  and  sixty-one,  be,  and  the  same  are 
hereby,  so  extended   as   to  require  the   Postmasters  of  the  Confederate 
Treagury    notes  States  to  receive   the   treasury   notes  of  the  Confederate  States  in  pay- 
receivable  in  paj'- j^ient  of  postage   in   sums  equal   to   the  denomination  of  said  treasury 
^^deposft^^fn'/ad- '^^*''^^'''  ^''^  ^^  receive  the  same  on  deposit  for  advance  payment  of  such 
vance  payment,      postage. 

Approved  December  23,  1801. 

\ 


1861    Dec.  24.       Chap.  XIX. — An  Act  to  authorize  the  President  to  confer  temporary  rank  and  command 
.  OH  officers  of  the  navy,  doing  duty  with  troops. 


Temporary raili-  ^^'^  Congress  of  the  Confederate  States  of  America  do  enact,  That 
lary  rank  au d  the  President  be,  and  he  is  hereby,  authorized  to  confer  on  any  officer 
command  con-^f  ^|^g  ^J^yy  ordered  to  do  duty  on  shore  with  troops  such  temporary 
the  navy  ordered  uiHitary  rank  and  command,  and  with  such  limitations  and  restrictions 
■to  do  duty  on  shore  as  he  may  deem  proper. 

with  tro(jp^.  g£Q    2.  Any  officer  of  the  navy  on  whom  military  rank  and  command 

rank  in  the  navy,  ^^^'i'^  ^e  conferred,  in   virtue   of  the  foregoing  section,  shall   retain  his 

Pay  and  emolu-  I'^^l^  i"  the  navy,  and  shall  be  entitled  only  to  the  same  pay  and  emolu- 
jaents.  ments  that  he  would  have  received   if  no  such  rank  and  command  had 

been  conferred  on  him. 

Approved  Dec-smber  24,  18G1. 


Persons  who  are 


1861,  Dec.  24.      Chap.  XX. — An  Act  to  amend  an.  act  entitled  "  An  act  to  establish  a  nni farm  rvle  of 

nnturalixntion    for    persons    enlisted    in    the   armies    of    the    Confederate    States    of 

America." 

1861,  Aug.  22.  The   Congress  of  the   Confederate  States    of  America  do  enact.    That 

the  provisions  of  the  above  recited  Act  be,  and  the  same  are  hereby, 
extended  to  all  persons,  not  citizens  of  ono  of  the  Confederate  States, 
CO  t'citlzens/en- 'who  are  engaged  in  the  naval  service  of  the  Confederate  States,  during 
gaged  in  the  naval  the  present  war  with  the  United  States:  Provided,  hoicever,  That  the 
Bervice  of  the  ^- Qg^{\i   therein  prescribed   may  be   administered   by  the  captain  or  other 

□••  6DtltlCU.  to  S(1IU6  It/  •'1 

protection  as  eiti-  commanding  officer  of  any  national  ship,  to  all  persons  entitled  to  the 
ions,  ard  nmy  be-  benefit  of  this  Act  and  attached  thereto,  and  that  the  duties  therein 
come  naturalized,  imposed  upon  the  Secretary  of  War,  in  regard  to  persons  in  the  military 
Duties  of  Seerc-  service,  shall  be  performed  by  the  Secretary  of  the  Navy  in  reference  to 
i*ry  of  the  navy,  persons  in  the  naval  service. 

Approved  December  24,  18G1. 


PROVISIONAL  CONGRESS.    Sess.  V.    On.  21,  22,  23,  24.    1861.  229 

Chap.  XXI. — An  Act  to  2-)rovide  for  the  appointment  of  Chaplains  in  the  A'ari/.  ISCl,  Doc.  24. 

The  Congrees  of   the   Confederate  States    of   America  do  enact.    That     Chaplains    for 
whenever  any  vessels  of  the  Confederate  States  navy  shall   lj« '"il-^out  to  ^j^^^^^^^  ^^'  depart 
depart  for  any  point  beyond  the  limits  of  the  Confederate  States,  the  beyond  the  limits 
President  may,  in    his  discretion,  employ  a  chaplain   for  the  voyage,  who  of  the  C.  S. 
shall  receive  the  same  pay  and  emoluments  as  chaplains  in  the  army.  me^n^ts  ^^^  *=™<>^"- 

Approved  December  24,  1861. 


Chap.  XXII. — An  Act  to  2^rovide  for  certain  offir.crs  of  the  revenue  service.  1861,  Dec.  24. 


The   Congress  of   the   Confederate  States  of  America  do   enact.    That     Personswho 
the  President  is  hereby  authorized,  in   his  discretion,  to  employ,  during  ^^"p^j^^^g^^^^^  ^^^ 
the  war,  any  persons  who   were  officers  in   the  revenue  service  of  the  the  U.  S.  may  be 
United  States,  but  who  resigned  in  consequence  of  the  secession  of  either  euiployed  i  n    the 
of  these  States,  or  who  may  have  been  removed  from  office  on  account  of  ""^^^'1^^'"  ™^ ''"'^ 
their  adhesion  to  the  Confederate  States,  or  any  one  of  thorn,  in  such  naval  or 
military  service  as  the  public  interest  may  require,  and  at  such  sahxry  as     S.alary." 
he  may  determine :  Provided,  it  shall  not  exceed   the  pay  to  which  the     Proviso, 
officer  so  employed  was  entitled  to  receive  from  the  United  States. 

Approved  December  24,  18G1. 


Chap.  XXITT. — An  Act  to  authorize  the  transfer  of  a  certain  ajipropriation.  ISCl,  Dec.  24. 


The  Congress   of  the   Confederate  States  of  America  do   enact,   That     Transfer  of  a 
the  unexpended   balance  of   an  appropriation  made  by  (he  act   entitled  "'■''"°  appropna- 
"An   act  to  provide  for  the  pay  of  officers  who  have   resigned  from  the 
United  States  navy,  and  whom  it  is  proposed  to  add  to  the  Confederate 
States  na^^'y,"  approved  May  twenty-first,  eighteen  hundred  and  sixty-one,     ISCl,  May  21. 
be,  and  the  same  is  hereby,  transferred  to  the    appropriation  made  in  the 
first   section  of  an  act  entitled  "An    act   making    appropriations  for  the 
support  of  the  navy,  for  the  year  ending  fourth  of  February,  eighteen  hundred 
and  sixty-two,  approved  ^farch  fifteenth,  eighteen  hundred  and  sixty-one.       1^61,  March  15. 

Approved  December  24,  1861. 


Chap.  XXIV. — An  Act  to  authorize  the  njypointment  of  adtlitional  officers  of  the  Navy.      18C1,  Dec.  24. 


The  Congress   of  the    Confederate  States  of  America   do    enact.  That.,   l'.'"'^"''''^"'  ^^' 
-  1      T-.       •  1  t  1    1      •      1         1  1-1  •         1       '  11       ■        til onzcd  to  appoint 

tlie  rresulent    be,  and    he  is   hereby,  authorized  to    ajipoint  the  lollowing  additional  officers 
officers  of  the  navy,  in'addition  to  those  heretofore  authorized,  to-wit :  two  in  the  navy. 
ca])tains;  five  commanders;    fifty  lieutenants  ;    ten  assistant   paymasters, 
and  thirty  assistant  surgeons;    said   appointments  to   be  made   fi'om  the 

navv  and  from  civil  life,  as  the  President  may  sec  fit,  and  to  tonninate  at      "^^'>cn  .appoint- 
.1     •      1     /.  ,1  ''  ments     to     tormi- 

the  end  ot  the  war.  ^^^^ 

Approved  December  24,  1861. 


230  PROVISIONAL  CONGRESS.     Sess.  V.     Cn.  25.     1861. 

1861,  Dee.  24.  Chap.  XXV. — An  Act  making  appropriations  for  (he  expenses  of  government,  in  the 
Ltgislative,  Executive  and  Judicial  Vejmrtmtnts,  for  the  year  ending  eighteenth  of  Feb- 
ruary, eighteen  hundred  and  sixty-two. 

Appropriations  The  Congress  of  the  Confederate  States  of  America  do  enact,  That 
goVe^ument  for^ibl  *^^  following  sums  be,  and  the  same  are  hereby,  appropriated  for  the 
year  emliDg  Feb.  objects  hereafter  expressed,  for  the  year  ending  the  eighteenth  of  Feb- 
18, 1861.  ruary,  eighteen  hundred  and  sixty-two. 

Members  of  Con-  Legislative. — For  compensation  and  mileage  of  members  of  Congress, 
^'°**"  .^eventy-two  thousand  dollars. 

Private  secreta-  Executive. — For  compensation  of  private  Secretary  and  Messenger  of 
ry  and  inesseuger  the  President,  two  hundred  and  thirty  dollars. 

cf  the  President.  ri  i-  x-  ii        ci  .       '       p  n.    .         a      •    ,       .     r<  ,  c 

Office  of  Secre-      ^^^    compensation  ot  the  Secretary  of  State,  Assistant    Secretary  oi 
tary  ot"  State.         State,  Clerks,  and  Messenger,  eight  hundred  and   eighteen   dollars  and 
forty-four  cents. 

Office  of  Secreta-      For  compensation  of  the  Secretary  of  the  Treasury,  Assistant  Secre- 
ryoftiie  Treasury,  tary.    Comptroller,    Auditors,  Treasurer  and    Register,  and  '  Clerks  and 
Messengers  in  the  Treasury  Department,  twenty  thousand  dollars. 

Contingent    ex-      For  incidental  and  contingent  expenses  of  the  Treasury  Department, 
peoses  of  the  Trca-  three  thousand  dollars. 
Bury     epar  men  .      -j^^,^^.  compg^sation  of  one  additional  laborer  for  the  Treasury  Depart- 

Office  of  Secreta- mont,  one  hundred  dollars. 
ry  of  War.  For  compensation  of  Secretary  of  War,  Chief  of  Bureau,  and  Clerks 

and  Messengers  in  the  War  Department,  six  thousand  dollars. 

Contingent  ex-  For  incidental  and  contingent  expenses  of  the  War  Department,  ten 
penses  of  the  War  thousand  dollars. 

u'fficl"oTsecreta-  ^^^^  compensation  of  Secretary  of  the  Navy,  and  Clerks  and  Messen- 
tary  of  the  Navy,  gers  in  his  office,  oue  thousand  and  seventy-five  dollars. 

Incidental    and      For  incidental  and  contingent  expenses  of  the  Navy  Department,  three 
;:n:eVo°ffhe"NaTyt^<;f-d  five  hundred  dollars. 
Department.  ^^  or  incidental  and  contingent  expenses  of  the  Post-Office  Department, 

Incidental    and  one  thousand  dollars. 
Je"nses of  fhrk^st'      ^^^'  compensation  of  the  Attorney  General,  Assistant  Attorney  Gene- 
office  Department.  ^^^  Clerks  and  Messenger  in  the  Department  of  Justice,  four  hundred 

Office  of  the  At-  and  thii'ty-four  dollars, 
torncy  Oeneral.  For  salary  of  the   Superintendent   of  Public   Printing,  five  hundred 

8  upcnntendont  -i    w  '■  ^ 

of  Public  Printing.  ClOllars. 

Printing  for  the  For  printing  for  the  several  Executive  Departments  of  the  Govern- 
departments.  mcnt,  thirty-scveu  thousand  dollars. 

Salariesof         r    t    ■  ^^  i-  n    -r    \  •,  tt.t       ii  i 

Jndges,  Attorneys      'fuaiciary. — i^ or   salaries  ot  Judges,    Attorneys,    and  Marshals,   and 
and  Mar,-,hals.        incidental    and    contingent  expenses    of    Courts,    forty-four    thousand 

Telegraph  lines,  dollars. 

Miscellaneons. — For  compensation  of  Agents,  and  for  costs  of  materials, 
and  constructing,  repairing  and  operating  telegraph  lines,  twenty-five 
thousand  dollars. 
Public  debt.  Public-   Debt. — For   payment  of  interest  on    the    Public  Debt,  three 

hundred  thousand  dollars. 
Pay  of  officers       War  Department. — For  the  pay  of  ofiicers  and  privates  of  the  army, 
&ndprivatc,s,qu-r- volunteers  and    militia,  in    the    service  of  the    Confederate    States,  for 

termasters supplies  o        t  i.      »  i-  -?     n  i  •     i       .  ,    ,.  1,1 

transportation,  &c. '^^''•'''^'^'^^^^^*'^^' ^  supplies  ot  all  kinds,  transportation,  and  other  neccssary 
expenses,  forty-six  millions,  thirty-two  thousand  one  hundred  and  ninety- 
nine  dollars. 
a^"d^'cmumi^srar^     .I^pr  ^^^  purchase  of  subsistence,  stores,  and  commissary  property,  nine 
property.        '       million  one  hundred  and  fifty  thousand,  eight  hundred  and  seven  dollars. 
Ordnance  service.      For  the  Ordnance  service  in  all  its  branches,  two  million  three  hundred 

and   forty  thousand  dollars. 
Engineer  service      For  the  Engineer  service,  one  hundred  and  thirty-five  thousand  dollars. 


PROVISIONAL    CONGRESS.      Sess.    V.      Ch.   26.      18G1.  2S1 

For  Surgical  aud   Medical  supplies  of  the   Army,  two  hundred  aud     Surgical  acd 
fifty  thousand  dollars.  '"'^^''^^"^  ^"PP"'"' 

For  contingencies  of  the  Ai-mj^  thirty-four  thousand  dollars.  Contingencies. 

For    contingent    expenses  of  the    xVdjutant  and    Ins'peotor    General's      Contingent  cx- 
office,  including  office  furniture,  stationery,  printed  bliuiks  for  the  use  of  P®"^i^®°*  AJjiitant 
the  army,  postage,  telegraphic  dispatches,  and  so  forth,  and  so  forth,  six  oral's  office, 
thousand,  seven  hundred  dollars.  Provisions,  cloth- 

Navy  Department. — For  provisions,  clothing,  and  contingencies  in  the  '"^'  *,''••  y^  ^•''3^ 
Paymaster's  Department,  fifty  thousand  dollars.  went  of  tho  navy. 

For  contingents  enumerated,  twenty  thousand  dollars.  ('ontinixents. 

For  medical  supplies  and  surgeon's  necessaries,  ten   thousand  dollars.    ^leuiciilsupphe?. 

For    equipment   and    repair    of  vessels   of  the    navy,  fifty  thousand     Kqu'pmcnt  and 
■%   ^^,  '■     '■  ^  .J '         .1  ropuir  ol  vessels, 

dollars. 

Fi)rordnanceandordnancestorcs,fivehundredandfifty thousand  dollars.     Ordnance    and 

For    purchase    and   building    of    steamers   and    uun-boats    fur    co:ist "'"'i.'"^"'''' ^^■'"■*'^'   , 

defences  or  the  Confederate  htates,  two  millions  of  dollars.  };un-boats. 

For  repairing  and   fitting  the  steamer  IMerrimac  as  an  iron-clad  .ship,     Stoamor  Mcrri- 

twenty  thousand  dollars.      "  '""'"• 

For  floating  defences  for  the  ^Mississippi,  five  hundred  thousand  dollars.    Floatinpctlefences 
For  iron  and  copi>er  for  the  use  of  the  navy,  five  hundred  and  thirty- •""'■•''<' '^^i^-'issippj- 

/.        ,1  1    r  1    11        -I  Iron  and  copper. 

live  thousand   [dollars.]  ^*^ 

For  coal  for  steamers,  five  hundred  thousand  dollars.  Coal. 

For  pay  of  officers  and  others  employed  at  the  navy-yard  at  Norfolk,     l*'»^y  of  officers, 

Virginia,  forty-five  thousand  dollars.  J^.^";;!  ^J  ^orfoik.^^ 
Appro VED  December  24,  1861. 


Chap.   XXVI. — An  Act  mipplcmcntan/  to  an  net  to  authorize    the  imnic  of  Irfnma-i/  tiolei,       ISGI.  Dec.  2-1. 
and  to  provide  a  war  tax  fur  their  redemjitioii. 

The  Coiuprss  of  the  Confederate  States  of  America  do  enact,  That 
the  authority  granted  to  the  Secretary  of  the  Treasury  to  issue  treasury 
notes  by  the  act  to  authorize  the  issue  of  treasury  notes,  and  to  provide  a 
war  tax  for  their  redemption,  approved  August  nineteenth,  eighteen  is6l,  A«g.  19. 
hundred  and  sixty-one,  be,  and  the  same  is  hereby,  extended  and 
enlarged,  so  as  to  authorize  the  issue  of  an  additional  amount  of  fifty  Additional 
millions  of  treasury  uotes  of  the  same  character,  and  subject  to  the  same  "'""""*'   y|    fi' ^y 

,         •'  1-111  -1  unllion.<o' treasury 

provisions  as  the  notes  authorised  by  the  said  act.  notes  authorized  to 

Sec.  2.  The    Secretary  of  the    Treasury,    with    the    approval  of  the  be  issued. 
President,  in  addition'to  the  bonds  authorized  to  be  issued  bv  the  second  ^  tsecretnry  of  the 

,.   , ,  .  1        ,  ,1  .  1-1111  Trcasui  V  may  i.^suo 

section  ot  the  said  act,  approved  August  nineteenth,  eighteen  hundred  i„j[l,i;i.  "ti^mis, 
and  sixty-one,  to  which  this  is  supplementary,  is  hereby   authorized  to 
issue  bonds,  not  to  exceed  at  any  one  time  an  amount  of  thirty  millions 
of  dollars,  payable  not  more  than  twenty  years  after  date,  and  to  bear  an 
interest  not  to  exceed  six  per  centum  per  annum,  interest  payable  semi- 
annually; to  be  exchanged  for  treasury  notes  issued  under  authority  of    to  be  exchanged 
this  act,  or  of  the  act  to  which  this  is  supplementary;  and  said  bonds '^^y'*"!:*"''^  "°*'''''' 
may,  at  the  option  of  the  holder,  be^  re-converted    into   treasury  notes,  tii.ig  i„t"y  treasury 
under  such  rules  and  regulations  as  the  Secretary  of  the  Treasury  may  notes. 

prescribe,  and  the  bonds  ami  treasury  notes  authorized  by  this  act,  to  be     ^onds  and  notes 
*    ,  -      ,   ,     .1  •   •  •11  .  .  X  X     ii  .'<ul).)fct  to  provi9- 

subject  to  the  saiue  provisions,  in  all  respects,  not  contrary  to  the   pro- j,,,,;,  „f  the  act  of 

visions  of  this  act,  as  the  bonds  and  trcat^ury  notes  authorized  tobei.ssued  r,)th  Augu.st  ISCI. 

by  the  act  of  the  nineteenth   August,  eighteen  hundred  and  sixty-one, 

to  which  this  is  supplementary. 

Appp-oved  December  24,  X'^X'iX. 


232  PEOYISIONAL    CONGRESS.      Sess.    V.     Ch.    37.      1861. 

1301,  Dec.  24.      CnAP.  XXVII. — An  Act  makl'g    nppropriatinns  to    comply  iti  part  with  treaty  stipula- 
-i -~  tlons  mude  with  certain  Indian  Tribes. 


Aijproprialions       TJtr  Congress  of  the    Confederate   States  of  America  c7o  enact,  That 
to    Indian    tribes  the  following  suuis  bc,  811(1  the  Same  are  hereby  appropriated  out  of  any 
linder  treaty  stipu-  j^^Qgy  Jq  (■]iq  treasury,  not  otherwise  appropriated,  for  the  objects  here- 
after expressed  : 
Creak  Indiiins.        Creek  Indians. — For  perpetual  annuities  for  the  yeareighteeu  hundred 
Annuities.  and  sixty-one,  (under  article  forty-one  of  treaty  made  with  the  Creeks, 

July  tenth,  eighteen  hundred  and  sixty-one,)  twenty-four  thousand  five 
hundred  dollars. 
Interest.  l^or  interest  for  the  year  eighteen  hundred  and  sixty-one,  (under  arti- 

cle forty-one  of  said  treaty,)  and  arrearages  of  same  on  the  sum  of  Uvo 
hundred  thousand,  dollars,  in   the   treasury  of  the   United   States,  and 
which  should  have  been  invested  for  educational  pu  poses,  twenty-nine 
thousand  dollars. 
Educati'in.  ^^"^'  'ii^n^i^i'l  provision  for  education  for  the  year  eighteen  hundred  and 

sixty-une,  (under  article  forty-one  of  said   treaty,)  seven  thousand  dol- 
lars. 
Provisions   for      For  annual   provisions,   (under   article   forty-one  of  said   treaty,)  for 
wagon  makers,  &c.  wagon  makers,  smiths  and  smith-shops,  iron  and  steel,  and   agricultural 
purposes,  for  the  year  eighteen  hundred  and  sixty-one,  and  arrearages  of 
same,  eleven  thousand  four  hundred  and  sixty  dollars. 
Compensation  of      For  compensation  of  delegates  who  negotiated  the  treaty,  (under  arti- 
delegates.  cle  forty-scven  of  the  same,)  seven  hundred  and  fifty  dollars. 

Uniform,  <tc.,  for      ^or  ^hc  purchase  of  uniform,  sabre,  Maynard   rifle,   and   ammunition 
priucipal  chief!       for  principal  Chief,  (under  secret  article  of  said   treaty,)  two  hundred 
and  forty  dollars. 
Choct.iw    and       Choctaw  and  Chickasaw  Indians. — For  permanent  annuities,  and  other 
Chickasaw  In- amounts,  payments  and  allowances,  due  July  first,  eighteen  hundred  and 
^"'"'''     .  .  sixty-one,  to  the  Choctaws,  (under  article  fifty-three  of  treaty  made  with 

Auauuities,    'c.  ^^^^  Choctaws  and  Chicknsaws,  July  twelfth,  eighteen  hundred  and  sixty- 
one,)  ten  thousand  five  hundred  and  twenty  dollars. 
Interest.  For  interest  due  July  first,  eighteen  h  ndred   and   sixty-one,  on  the 

sum  of  five  hundred  thousand  dollars,  (under  same  article  of  said  treaty,) 
held  in  trust  for  the  Choctaws  by  the  United  State.s,  under  treaty  of 
of  June  twenty-second,  eighteen  hundred  and  fifty-five,  twenty-five  thou- 
sand dollars. 
AdviincctoChoc-  For  amount  of  advance  agreed  to  be  made  to  the  Choctaws,  (under 
taws.  article  sixty-one  of  said  treaty,)  fifty  thousand  dollars. 

Annuity  to  Chick-      For  permanent  annuity,  (under  article  fifty-six  of  said  treaty,  (paya- 
asawsaud  interest  jjie  to  the  Chickasaws,  and  interest  on  the  investments  and  funds  of  the 
';;;™^'"'^"'^'''"'^Chickasaws  in  the  treasury  of  the  United  States,  for  the  year  eighteen 
hundred  and  sixty-one,  twenty-five  thousand  six  hundred  and  six  dollars 
and  eighty-nine  cents. 
Advance  to  Chick-      For  advance  agreed  to  be  made  to  the  Chickasaws,  (under  article  sixty- 
*^^^^'*-  one  of  said  treaty,)  two  thousand  dollars. 

Cowpensation  of      For  compcn.sation  of  Choctaw  and  Chickasaw  delegates,  who  negotia- 

delegates.  ted  the  treaty,)  under  article   sixtj'-three  of  the   same,)   two   thousand 

dollars. 

Seminole    In-       Snninole  Indians. — For  arrearages  due  December  thirtieth,  eighteen 

^^'"■ns.  hundred   and   sixty,  of  annual   provision  for  the   support  of   schools, 

Support    of  (i^„(jcr  article  thirty-eight  of  treaty  made   with  the  Semiuoles,  August 

^'''''"'^"  first,  eighteen  hundred  and  sixty-one,)  thirteen  thousand  dollars. 

Arrearage's  duo  For  arrearages  due  December  thirtieth,  eighteen  hundred  and  sixty, 
f  o  r  agricultural  of  annual  provision  for  agricultural  assistance,  (under  article  thirty-eight 
assistance.  ^^  ^^j^  treaty,)  two  thousand  dollars. 


PROVISIONAL    CONGRESS.      Sess.  V.      Ch.  27.      1861.  233 

For  arrearai^cs  due  December  thirtieth,  eigliteen  hmxlred  and  sixty,  for      Arrearages   for 

the  supyiort  of  smiths  and  smith-shops,  (under  article  thirt5--ei!rht  of  said  ^^^pport  "f  smiths 

,    V  ,  ,  111,    11  and  stnilh-shops. 

treaty,)  two  thousand,  two  hun(h'ed  dollars. 

For  permanent  annuity,  payable  December  thirtieth,  eighteen  hundred      Permanent  aa- 
and  sixty-one,  (under  article  thirty-eight  of  said  treaty,)  twenty -five  thou-°"''^'* 
sand  dollars. 

For  annual  provision  for  the   support  of  schools,  payable   December     Support    of 

thirtieth,  eighteen  hundred  and    sixty-one,   (under   sam'o  article  of  said  ' 

treaty,)  three  thousand  dollars. 

Fo"r  annual  provision  for  smitlis  and  smith -shops,  payable  December .  ^"""".Ip'""^'*-"'"" 
1  •     •     1       •    1  1  1    •  I   Wi  "^    '    '.  V       ;■      •  1  \  '•"■     smiths    and 

tlnrtieth,  eighteen  hundred  and  sixty-oue,  (under  same  article  ot  said  treaty,)  smith-shops. 

two  thousand,  two  hundred  dollars. 

For  annual  provision  for  aLjiicultural  assistance,  payable  December  ^■^"'^""^  T'''°y'^'°') 
,1...,,         .,,'  ,         1      1       ^1      -,  /       1       'i.'  ..for     asncultural 

thirtieth,  eighteen    hundred   and  sixty-one,   (under  same  article  of  said  assistance. 

treaty,)  two  thousand  dollars. 

For  amount  to  be  expended  in  the   erection   of  scliool   houses,  (under     School  houses, 
same  article  of  said  treaty.)  one  thousand  dollars. 

For  amount  to  be  paid  to  the  licirs  of  Sally  Factor,  deceased,  (under  Heirs  of  Sally 
article  fortv  of  said  treaty.)  for  negroes  killed  in  Florida,  five  thousand  P'""'"""  ^""^  ncgroea 

1    1,  '  .  7  &  )  killed. 

dollars. 

For  amount  to  bo  paid  to  John  Juniper,  principal  Chief,  (under  article      Principal  chief 
forty-one  of  said  treaty,)  for  himself,  five  hundred  dollars,  and  for  other  ^^^^^^^J.^J^^^l^gatea 
delegates   to  Florida,  four   thousand,  six  liundred   and   fifty  dollars — five 
thousand,  one  hundred  and  fifty  dollars. 

For  compensation  of  tlie  commissioners  who  negotiated  the  treaty,  (under  Compensation  of 
article  forty -two  of  .same,)  five  hundred  dollars.  ^^'^  commissioners. 

Cherokee  Indians. — For  interest  for  the  year  eighteen  hundred  and  sixty-      Cherokee    In  - 

one,  payable  January  first,  eighteen  hundred  and  sixty-two,  (under  article  '^^'a^'s. 

forty-five  of  treaty  liiade  Avith  the   Cherokccs,   October  seventh,  eighteen     Interest  and 

1 1,.    i„]'4.\i  0  I  ""ip       1  arrearages  ot  samo 

hundred  and  sixty-one,)  and  arrearages  ol  same  on  permanent  general  fund  ^^  permanent  "-en- 

of  the  Cherokccs,  as  invested  by  the  United  States,  forty-three  thousand,  oral  fund. 

three  hundred  and  seventy-two  dollars  and  thirty-six  cents. 

For  interest  for  the  3'ear  eighteen  hundred  and  sixty-one,  payable  Jan-     interest  .and  ar- 

uary  first,  eighteen  liundred  and  sixty-two,  (under  article  forty-five  of  said  rearages  of  samo 

treaty,)  and  arrearages  of  same  on  permanent  orphans'  fiuKfof  tlie  Cher- "?  permanent  or- 

■.•''.  .  "  ,     .      J^  .  '  ,     ,        1      T-r   .      1  ^  pnans    lund. 

okees,  as,  111  part,  invested,  and,  m  part,  uninvested,  by  tlie  United  States, 

four  thousand,  five  hundred  dollars. 

For  interest  for  the  year  eighteen  hundred  and  sixty-one,  payable  Jan-     Interest  and 

uary  first,   eighteen   hundred  and   sixty-two,  (under  same  article  of  said '^"^"'"'^^''^  "'^  ^'''"^! 

*        X     \         J  c  x^     1       1    i-      1       r-  .1       /-.I  on    permanent 

treaty,)  and  arrearages  ot  same  on  permanent  school  lund  ot  the  Chero-  school  fund. 

kees,  as  invested  by  the  United  States,  seventeen  thousand,  seven  hundred 

and  seventy-two  dollars. 

For  advance  agreed  to  be  made  to  the  Cherokees,  on  account  of  their  Advance  on  ac- 
lands  between  the  States  of  Missouri  and  Kansas,  (under  article  forty-eight  1^.33  b°ctween°tho 
of  said  treaty,)  one  hundred  and  fifty  thousand  dollars.  States  of  Missouri 

For   moneys   due  the    Cherokee  Nation,  under   the  treaty  of  eighteen  i^d  Kansas, 
hundred  and  forty-six,  as  ascertained  bv  article  forty-nine  of  said  treaty  of    ^?"°<^ys ''"«  *^° 

•    1  i  ^         1       <        ^     •    J.  .       1      '    1  1    I'li  •         nation. 

eighteen  hundred  and  sixty-oue,  twelve' thousand  dollars. 

For  moneys  due  the  treaty  party  of  the  Cherokee  Nation,  or  their  legal  Moneys  due  the 
r<^piesentatives,  provide<l  for  by  the  sixth  article  of  the  treaty  of  eighteen  *'"caty  paity  or 
hundred  and  forty-six,  as  ascertained  by  article  forty-nine  of  the  said'treaty  Jj^^^g'/  rep.csenta- 
of  eighteen  hundred  and  sixty-one,  ten  thousand,  three  hundred  dollars. 

0)i(iQp  Lidiona. — For  two  smiths  and  tAvo  assistants,  (under  article     Osage  Indians, 
twenty-three  of  treaty  made  with  the  Osages ;  October  second,  eighteen     Smiths  and  aa- 
hundred  and  sixty-one,)  for  three  months  ending  Feb: uary  eighteenth,  ^'^''"^'^* 
eighteen  hundred  and  sixty-two,  at  seventeen  hundred  and  ten  dollars 
per  annum^  four  hundred  and  tweuty-sevcu  dollars  and  fifty  cents. 


cum. 


234  PROVISIONAL  CONGRESS.       Sess.  V.       Ch.  27.       1861. 

Houses,     shops      Foi"  houses,  shops  and  tools  for  same,  (under  article  twenty-three  of 
and  to«ls.  gj^i^  treaty,)  fifteen  hundred  dollars. 

Iron,  eteel  and      For  seven  hundred  and  fifty  pounds  of  iron,  and   eighty-five  pounds 

*'"'^^-  steel,     and    coal,     for    the     year     eighteen     hundred     and     sixty-two, 

(under    article    twenty-three  of   said    treaty,)  one    hundred    and    fifty 

dollars. 

Ilire  of  wagon-      For  the  hire  of  one  wagon-maker,  for  three  months  ending  February 

eighteenth,  eighteen  hundred  and  sixty-two,  (under  article  twenty-three 

of  said  treaty,)  at  six  hundred  dollai's  per  annum,  one  hundred  and 

fifty  dollars.  ^ 

House  and  shop.      For  house  and   shop   for   same,   (under  article  twenty-three  of  said 

treaty,)  five  hundred  dollars. 
Medicines.  For  purchase  of  medicines,  (under  article  twenty-four  of  said  treaty,) 

for  the  year  eighteen  hundred   and  sixty-two,  two  hundred  and   fifty 
dollars. 
Salary  of  pbysi-      For  Salary  of  physician  for  three  months,  ending  February  eighteenth, 
eighteen   hundred   and   sixty-two,  at  seven  hundred   and  fifty  dollars, 
(under  article  twenty-four  of  said  treaty.)  one  hundred  and  eighty-seven 
dollars  and  fifty  cents. 
Guns  and    am-      For  the  purchase  of  guns  and  ammunition   to  be  distributed   to  the 
uiuni  ion.  Osages,  (under  article  thirty-five  of  said  treaty,)  twenty-five    hundred 

dollars. 
Annual  addition      For  annual  addition  to  school  fund  for   the  Osages,  payable  January 
to  school  fund.       first,  eighteen  hundred  and  sixty-two,  (under  article  forty  of  said  treaty,) 
five  thousand  dollars. 
Clothing    and      For  annual  purchase  of  clothing  and  other  articles,  to  be  distributed 
other  articles.         to  the  Osages  during  the  year  eighteen  hundred  and  sixty-two,  (under 
article  thirty-nine  of  said  treaty,)  ten  thousand  dollars. 
Interest  on  form-      For  annual  interest  for  the  year  eighteen  hundr.d  and  sixty-one,  on 
er  school  fund.       former  school  fund,  payable  January  first,  eighteen  hundred  and  sixty- 
one,  (under  article  forty  of  said  treaty,)  one  thousand  nine  hundred  and 
three  dollars  and  forty-four  cents. 
Quapaw  Indians,       Quapaio  Indians,  etc. — For  the  purchase  of  guns  and   ammunition, 
^^^'  to  be  distributed  to  the  Quapaws,   (under  article  thirty  of  treaty  made 

mimu"io  ^^'^   ^^'  ^'^^^  *^'*^   Quapaws,  October  fourth,  eighteen  hundred   and  sixty-one,) 
one  thousand  dollars.  * 

Medicines.  For  the  purchase  of  medicines  for  the  Quapaws,  vSenecas,  Senecas  and 

Shawnees,  for  the  year  eighteen  hundred  and  sixty-two,  (under  article 
thirty-one  of  said  treaty,)  two  hundred  and  fifty  dollars. 
Compensation  of      For  compensation  of  ph^'sician  for  the  Quapaws,  Senecas,  Senecas  and 
ysician.  Shawnees,  (under  article  thirty-one  of  said  treaty,)   for  three  months 

ending  February  eighteenth,  eighteen  hundred  and  sixty-two,  at  seven 
hundred  and   fifty  dollars  per   annum,  one   hundred  and  eighty-seven 
dollars  and  fifty  cents. 
Clothing    and      For  annual  provision  for  the  purchase  of  clothing  and   other  articles 
otaer  articdcs.         f^j.  ^l^g  Quapaws,  for  the  year  eighteen  hundred  and   sixty-two,  (under 
article  thirty-two  of  said  treaty,)  two  thousand  dollars. 
Hire    of    smith      For  hire  of  one  smith  and  one  assistant,  (under  article  thirty-three  of 
and  assistant.         j^j^jj  treaty,)   for   three   months,  ending   February   eighteenth,  eighteen 
hundred  and  sixty-two,  at  eight  hundred  and  fifty  dollars   per  annum, 
two  hundred  and  twelve  dollars  and  fifty  cents. 
House,  shop  and      For  house,  shop  and  tools  for  smith,  (under  article  thirty-three  of  said 
*°°''-  treaty,)  seven  hundred  and  fifty  dollars! 

Hire  of  wagon-      For  hire  of  one  wagon-maker  fur  Quapaws,  (under  article  thirty-four 
"^^^T    ^""^    ^"'^"  ^^  ^^^^  treaty,)  for  three  months,  ending  February  eighteenth,  eighteen 
hundred  and  sixty-two,  at  six  hundred  dollars  per  annum,  one  hundred 
and  fifty  dollars. 


PROVISIONAL  CONGRESS.     Sess.  V.     Cii.  27.     1861.  235 

For  house,  shop,  tools  and  materials  for  same,  (under  article  thirty-     House,  shop, 

four  of  said  treaty,)  seven  hundred  and  fifty  dollars.  tools aud  materials 

For  purchase  of  four  wao;ons,  four  sets  of  harness  for  each,  ten  yoke     Wagons,   bar- 

...  no*!*    oxen    &c 

of  oxen,  and  ten  sets  of  horse  gear  complete,  (under  article  thirty-six  of     "''    '     ' 
said  treatj',)  one  thousand  dollars. 

For   annual  provision    for  purposes   of  education   for   Quapaws,  due     Education. 
January  first,  eighteen   hundred   and   sixty-two,  (under  article  thirty- 
seven  of  said  treaty.)  twenty-five  hundred  dollars. 

For  annual  salaries  of  first  and  second  Chiefs  of  Quapaws,  due  Salaries  of  first 
January  first,  eighteen  hundred  and  sixty-two,  (under  article  thirty- '^"^''"'^*'°'^  Chitfs 
eight  of  said  treaty,)  two  hundred  dollars. 

Scnr.cn  and  Shawnee  Indiana. — For  annual  interest  due  January  Seneca  and 
first,  eighteen  hundred  and  sixty-two,  to  the  i^encca  tribe,  on  moneys''  ^^^'^^  "  '*°*' 
due  by  the  United  States,  (under  article  thirty,  of  treaty  made  with  the  jj^^.^^  jj!j|^^j  ^^  j^^" 
Senecas,  &c.,  October  fourth,  eighteen  hundred  and  sixty-one,)  twelve neys  due  by  U.  S. 
hundred  and  fifty  dollars. 

For  annual  interest  due  January  first,  eighteen  hundred   and  sixty-     Interest  to  Se- 
two,  to  the  Senecas  and  Shawnees,  on  moneys  due  by  the  United  States,  "^^^^  ^^  moneys 
(under  article  thirty  of  said  treaty,)  one  thou.sand  eight  hundred  and  due  by  U.  S. 
ninety-two  dollars  and  ninety-six  cents. 

For  interest  due  the  Seneca  tribe,  and  the  Cayugas  among  the  Senecas  ^  Interest  duo  the 
and  Shawnees,  on  moneys  due  them  by  the  State  of  New  York,  to  wit :  fh°^*cayugM  'on 
one  thousand  one  hundred  and  forty-si.x:  dollars,  due  July  first,  eighteen  monrys  due  them 
hundred  and  sixty-one,  and   one   thousand  one  hundred   and  fifty-six  by  the  U.  S. 
dollars,    due    January   first,   eighteen    hundred   and    sixty-two,   (under 
article  thirty-one  of  said  treaty,)  two  thousand  two  hundred  and  ninety- 
two  dollars. 

For  the  erection  of  two  school  houses  for  the  Senecas  and  the  Senecas     School-houses, 
and  Shawnees,  (under  article  thirty-three  of  said  treaty,)  two  hundred 
aud  fifty  dollars. 

For  annual  amount  to  be  expended,  for  the  purchase  of  clothing  and     Clothing    and 
other  articles,   for    Senecas,  and    Senecas  aud   Shawnees,  for  the  year  *^'^'^''''  ^''^'''^^s. 
eighteen  hundred  and  sixty-two,  (under  article  thirty-two  of  said  treaty.) 
two  thousand  four  hundred  dollars. 

For  salary  of  male   and  female  teachers,  and  purchase  of  stationery     Salary  of  teach - 

1  1       1      r        (J  JO  J     c<i  i-        xi  ii       crs.  and  stationery 

and  books  lor  Senecas,  and   Senecas  and   Shawnees,  lor   three   months,  ^nd  books, 
ending  February  eighteenth,  eighteen   hundred  and  sixty-tAvo,  at  two 
thousand  dollars  per  annum,  (under  article  thirty-three  of  said  treaty,) 
five  hundred  dollars. 

For  hire  of  two  smiths  and  two  assistants,  for  three  months,  ending     Hire  of  smiths 
February  eighteenth,  eighteen  hundred  and  sixty-two,  at  one  thousand  ^"'' '^°*'^^*"'^- 
seven  hundred  and  ton  dollars,  (under  article  thirty-six  of  said  treaty,) 
four  hundred  and  twenty-seven  dollars  and  fifty  cents. 

For  purchase  of  coal,  twelve  hundred  pounds  of  iron,  and  two  hun-     Coal. 
dred  pounds  of  steel,   for  the  year  eighteen  hundred   and   sixty-two, 
(under  article  thirty-six  of  said  treaty,)  two  hundred  dollars. 

For  hire  of  two  wagon-makers  for  Senecas,  and  Senecas  and  Shawnees,     Hire  of  wagon- 
for  three  months,  ending  February  eighteenth,  eighteen  hundred  and  °"^''*'^^" 
sixty-two,  at  one  thousand  two  hundred   dollars,  (under  article  thirty- 
seven  of  said  treaty,)  three  hundred  dollars. 

For  houses,  shops,  tools  and  materials,  (under  article  thirty-seven,)  Houses,  shops, 
one  thousand  dollar's.  tools  and  materials 

For  the  purchase  of  guns  and  ammunition,  (under  article  thirty-nine     Guns  and   am- 
of  said   treaty,)  to   be  distributed    to    the    Senecas,  and   Senecas   and™"°'''°°' 
Shawnees,  one  thousand  two  hundred  dollars. 

For  medicines  for  the  year  eighteen  hundred  and  sixty-one,  (under     Medici  es. 
article  thirty-five  of  said  treaty,)  two  hundred  and  fifty  dollars. 


236  PROVISIONAL  CONGRESS.     Sess.  V.    Ch.  27.     1861. 

Reserve  Indians.      Reserve  Indians. — For  four  hundred  and  one  thousand  five  hundred 
Rations  of  pro-  rations  of  provisions — the  same  being  daily  rations  to  two  thousand  two 
viaiuns.  liundred  Indians,  at  sixteen  cents  per  ration — furnished  and  to  be  fur- 

nished the  Wichita,  and  other  Reserve  Indians,  by  Charles  B.  Johnson, 
contractor,  from  August  sixteenth,  eighteen  hundred  and  sixty-one,  to 
February  fifteenth,  eighteen  hundred  and  sixty-two,  (under  article  fourth 
of  treaty  made  with  Reserve  Indians,  August  twelfth,  eighteen  hundred 
and  sixty-one,)  sixty-four  thousand  two  hundred  and  forty  dollars. 
Oxens,  wagons,  For  the  purchase  of  oxen,  wagons,  plov.'s,  and  other  implements,  (under 
plows,  <tc.  article  fourteen  of  said  treaty,)  ten  thousand  dollars. 

Cows,  calves  and      ]i'or  present  purchase  of  cows,  calves,  and  other  stock  animals,  to  be 

malT   ^  ^'^      ^^^'  dii^tributed  from  time  to  time  by  agent,  (under  article  fourteen  of  said 

treaty,)  three  thousand  dollars. 

Hire   of  smith,      For  hire  of    smith,   assistant  and   wagon-maker,   for  three  months, 

assistants    a  n  d  g^^jij^jp.  J'ebruarY  eighteenth,  eighteen  hundred  and  sixtv-two,  at  seven- 

°  '        teen  hundred  and  ten  dollars  per  annum,  (under  article  sixteen  of  said 

treaty,)  four  hundred  and  twenty-seven  dollars  and  fifty  cents. 
Shops,     iron,      For  shops  for  smith  and  wagon-maker,  iron,  steel,  tools  and  materials, 
s.cel,  kc.  (under  article  sixteen  of  said  treaty,)  one  thousand  dollars. 

Medicines.  Yov  purchase  of  medicines  for  the  year  eighteen  hundred  and  sixty- 

two,  (under  article  sixteen  of  said  treaty,)  four  hundred  dollars. 
Compensation  of      For  compensation  of  physician  of  Reserve  Indians,  for  three  months, 
physician.  ending  February  eighteenth,  eighteen  hundred  and   sixty-two,  at  seven 

hundred  and  fifty   dollars  per  annum,   (under   article  sixteen   of   said 
treaty,)  one  hundred  and  eighty-seven  dollars  and  fifty-cents. 
Pay  of  farmers.      For  pay  of  ten  farmers,  ibr  three  months,  ending  February  eighteenth, 
eighteen  hundred   and   sixty-two,  at  five   hundred   dollars  per  annum, 
each,  (under  article  sixteen  ot  said  treaty,)  one  thousand  two  hundred 
and  fifty  dollars. 
Hire  of  laborers.      Yqx  hire   of   twenty   laborers,    for    three    months,    ending   February 
eighteenth,    eighteen    hundred    and    sixty-two,    at    fifteen  dollars  per 
mouth,  each,   (under  article   seventeen   of   said  treaty,)   nine  hundred 
dollars. 
Subsistence    o  f      For  subsistence  of  ten  farmers  and  twenty  laborers,  for  three  months, 
bo^rTrT^  ""^^  '  ^  "  '^'T^ii'^g  February  eighteenth,  eighteen   hundred   and  sixty-two,  (under 

articles  sixteen  and  seventeen  of  said  treaty,)  one  thousand  dollars. 
^  Materials,    <tc.,      ]^qj.  purchase  of  materials,  &c.,  for  the  erection  of  houses  for  farmers, 
houses.  interpreters  and  Indians,  (under  article  seventeen  of  said  treaty,)  five 

hundred  dollars. 
^  Camanche   In-       Camanche    Indians. — For   three    hundred    and    twenty-one   thousand 
^''^^■.  rations  of  provisions — the   same  being  daily   rations  to  three   thousand 

visions!"^  °  ^^°'  Indians,  at  sixteen  cents  per  ration — furnished  and  to  be  furnished,  the 
Camanches,  by  Charles  B.  Johnson,  contractor,  from  November  first, 
eighteen  hundred  and  sixty-one,  to  February  fifteenth,  eighteen  hundred 
and  sixty-two,  (under  article  fifteen  of  treaty  made  with  the  Camanches, 
August  twelfth,  eighteen  hundred  s\xty-two,)  fifty-one  thousand  three 
hundred  and  sixty  dollars. 
Oxen,  wagons,  For  purchase  of  oxen,  wagons,  carts,  plows,  and  other  implements 
^'^^  ^'    °"  to  be  distributed  to  the  Camanches,  (under  article  fifteen  of  said  treaty,) 

five  thousand  dollars. 
Cows,  calves  and      For  present  purchase  of  cows,  calves,  and  other  stock   animals,  to  be 
ujall    ^'^"^^    ^°^'  distributed  from  time  to  time  by  the  agent,  (under  article  fifteen  of  said 
treaty,)  twenty-five  hundred  dollars. 
Hire   of  smith,      For  hire  of  smith,  striker,  and  wagon-maker,  for  three  months,  ending 
s  n  er,  &c.  February  eighteenth,  eighteen  hundred  and  sixty-two,  at  seventeen  hundred 

and  ten  dollars  per  annum,  (under  article  seventeen  of  said  treaty,)  four 
hundred  and  twenty-seven  dollars  and  fifty  cents. 


PROVISIONAL  CONGRESS.    Sess.  V.     Cii.  28,  29.     1861.  237 

For  shops,  tools,  iron,  steel,  coal  an.l  materials  for  smith  and  wagon-.  Shops,  to  o  1  s . 
maker,  (umler  article  seventeen  of  said  treaty,)  one  tliousan.l  dollars.  *     '        '      " 

For  purchase  of  medicines  of  Canianclies  for  year  eighteen  hundred  and     Medicines, 
sixty-two,  (under  article  seventeen  of  said  treaty,)  four  hundred  dollars. 

For  compensation  of  physician  for  three  raontlis,  ending  February  eigh-     Compensation  of 
teenth,  eighteen  hundred  and  sixty-two,  at  seven  hundreil  and  fifty  dollars  ^  y^»ciaa. 
per  annum,  (under  article   seventeen   of  said   treaty.)   one  hundred   and 
eighty-seven  dollars  and  fifty  cents. 

For  payinjT  individ^ial  Seminoles  for  liorses  stolen  by  Camanches,  (under  Pfminolcs,  for 
article  twenty-three  and  schedule  B,  of  said  treaty,)  three  thousand  four  Cainanches.""  ^ 
hundred  and  eighty-seven  dollars. 

For  purchase  of  materials,  etc.,  for  the  erection  of  houses,  (under  article  Materials,  <tc.. 
eighteen  of  said  treaty,)  five  hundred  dollars.  ^"'^  l^'*"^'^^- 

Sec.  2.  And  be  it  further  enacted.  That  the  sum  of  three  thousand  five  Contingencies  of 
hundred  dollars  be,  and  the  same  is  hereby,  appropriated  out  of  any  office,  Ac.,  of  the 
money  in  the  Treasury,  not  otherwise  approjiriated,  to  provide  for  tl)e  ^^"'^u^Han"  Affai'^rs^ 
contingencies  of  office,  office  rent,  (tc,  of  the  Superintendency  of  Indian  audc.  ntingent  ex- 
Affairs,  and  the  contingent  expenses,  repairs,  &c.,  of  the  several  Indian  rinses,  <tc.,  of  In- 
Agencies,  for  nine  months,  ending  February  eighteenth,  eighteen  hundred  ''^°  Agencies, 
and  sixty-two.   ^^ 

Sec.  3.  Andf^t  further  enacted.  That  of  the  afrgrcjrate  amount  appro-  $265.927  25  of 
priate.l  by  this  act,  t'he  sum  of  two  hun<lred  and  sixty-five  thousand,  nine  the  amount  appro- 
1         ,      -1         1  1    II  /•  1     •  111     priated    may   bo 

huncired  and  twenty-seven  dollars  and  twenty-nvc  cents,  being  the  whole  paid  in  coin. 

amount  of  arrearages,  annual  payments,  and  interest  due  the  said  several 

Indians  and  Tribes,  and   to  be  due  by  the   thirtieth  day  of  December,  of 

the  [iresent  year,  one  thousand  eight  hundred  and  sixty-one,  may  be  paid 

in  coin,  if  the  President  shall  so  direct.     And  the  sum  of  eighty  thousand     A  pproprialion 

dollars  is  hereby   appropriated  for  the    purchase  of  coin,  if  so  much   be  J';^'j^*J'*' l^""'*^''"^  "^ 

necessary. 

Sec.  4.  And  belt  further  enacted.  That  the  appropriations  hereby  made     When  the  appro- 
may,  at  the  discretion  of  the  President,  be  forthwith  paid  into  the  hands  priations  t<>i»f  paid 
of  the  proper  officers  or  agents  of  the  government  and  transmitted,  in  order  "^'j^'"  *"  *^*  Indian 
that  they  may  be  promptly  paid  over  to  the  said   tribes  of  Itidians,  under 
the  said  treaties,  when  the  amendments  made  by  this  government  shall 
have  been  ratified  as  parts  of  said  severs  1  treaties  by  the  respective  tribes. 

AvpuovED  December  24,  1^61. 


CnAr.  XXVIir. — An  Act  ret  at!  mj  to    the  cusfodi/  of  the  returns  and  certijicattt  of  t)ie       ISGl,  Dec.  31. 
vote&  of  (lie  Electors  for  President  and  Vice-President.  ' 

The   Conrjress  of   the   Confederate  States  of  America  do  enact,  That     Cu.'^tody  pf  tjie 
the  returns  of  the  votes  for  President  and   Vice-President  by  the  electors  p^g"["i^,[i  ^o\j,g  f,,, 
of  the  several  States,  .shall  be  delivered,  for  the   time  being,  to  the  Vice-  Prcsidontand  Vi:e 
President  of  the  Provisional  Government  of  the  Confederate  States,  who  rresidunt. 
shall  deliver  the  .same  to  the  PT'esident  pro  tempore  of  the   Senate  of  the 
Confederate  States  on  the  eighteenth  day  of  February,  eighteen  hundred      » 
and  sixty  two. 

Approved  December  31,  1801. 


Chap.  XXIX. — An  Act   to  provide  for  a  corpit  of  Engineers  for  the  Provisional  Army.       1861,  Pec.  SI. 


The    Congress  of  the   Confederate  States  of  America  do  enact,    That  Appointmentofof- 
the  President  be,  and  he  is  hereby,  authorized  to  appoint  oflicers  of  engi-  *'^''''"^  of  engineer?. 


238  PIIOVISIONAL  CONGRESS.     Sess.  Y.     Ch.  30,  31.     1861. 

Number,  rank  Heel's  in  the  provisional  arnn',  to  a  number  not  exceeding  fifty,  and  of  rank 

aad  pay.  i^ot  higher  than  captain,  whose  pay  and  emoluments  shall  be  the  same  as 

those  allowed  for  officers  of  a  like  grade  in  the   permanent  army  of  the 

When    appoint-  Confederacy,  and  whose  appointments  shall  expire  at  the  end  of  the  pend- 

ments  to  expire,      j^g  ,,.3,, 

Api'roved  December  31.  1801. 


1861,  Dec.  31.      Cnvp.   XXX. — An  Act  to  amend  "^»  act  to  atithorize  the  President  to  confer  temporary 

^. rank  and  command  for  service   with    vnliinteer    tron^ts,    on  officers    of  the  Confederate 

army,"  ajiprovcd  May  ticcnty-first,  ci-jhtccn  hnndrcd  and  sixty-one." 

Temporary  rank  Be  it  enacted  by  the  Congress  of  the  Confederate  States  of  America, 
anil  command  on -pi^j^^  (Jjq  above  entitled  act  be  so  amended  that,  in  addition  to  the  power 
onda^y  iu  the^s™"- ^■'^^''^''^  granted,  the  President  of  the  Confederate  States  be,  and  he  is 
eral  bureaus  of  the  hereby,  authorized  to  confer  teniporary  rank  and  command  upon  officers 
Aojufant  and  In- of  the  Confederate  army  on  duty  in  the  several  bureaus  of  the  Adjutant 
OhiefVf'Env'Tueers'  ^"^  Inspector  General,  Chief  of  Engineers  and  Chief  of  Ordnance,  to 
and  Chief  of  Ord-  cease  at  the  end  of  the  war ;  the  same  to  be  held  withoiit  prejudice  to  the 
"auce.  positions  in  said  army.  ^P 

Approved  December  31,  18G1. 


1861,  Dee.  31.  Cn\P.   XXXI. — An  Act  to  provide  fur  the  payment  of  certain  Indian  ttoopi. 

Payment  of  eer-      The   Congress  of    the   Confederate  States  of  America  do  enact,  That 
tain  Indian  troops,  ^jj^  proper  quartermaster  in  the  military  department  of  Indian  territory  be 
authorized  to  pay  the  officers  and  men  of  the  company  of  Creek  mounted 
volunteers,  raised  in  the  month  of  August,  eighteen  hundred  and  sixty-one, 
by  authoiity  of  the  commissioner  of  the  Confederate  States, for  local  pur- 
poses, at  the  North  Fork  village,  in  the  Creek  country;  and  of  the  Chero- 
kee regiments  of  Colonels  Stand  Watie  and  John  Drew,  and  of  the  Choc- 
taw and  Chickasaw   regiment  of  Colonel  Douglas  H.  Cooper,  and  of  the 
Creek  regiment  of  Colonel  Daniel  N.  Mcintosh,  and  of  the   companies  of 
Seminoles  raised  by  the  Chief,  by  authority  of  the  same  Commissioner,  and 
of  the  other  troops,  called  into  the  service  by  Colonel  Douglas  11.  Cooper, 
to  aid  in  suppressing  the  insurrection  of  a  part  of  the  Creeks,  and  of  any 
called  into  service  by  the  Creek  Agent  for  the  same  purpose,  by  direction 
of  the  Commissioner,  for  the  times  during  which  all  of  said  troops  were 
in  the  service,  after  being  organized  and  before  being  mustered   into  the 
service,  in  the  same  manner  as  if  they  had  been  mustered  in  at  the  res- 
])ectivc  times  when  they  wt^re  organized  and  roeeived  by  the  Commissioner 
or  either  of  said  officers;  which  payments  shall  be  made  u]>on  special  pay 
Allowance  in  lieu  y^\\^  ^-^^j.  ^j^gj.  purpose:    Provided,  That  the  allowance  in   lieu  of  clothing 
'"^'  V         shall  be  paid  only  to  such  of  said  officers  and  n)en  as  shall  have  since  been 
or  may  be  mustered  into  the  service,  and  that  none  shall  be  paid  who  have 
deserted  or  disbanded  without  permission,  or  Lave  taken   sides  with    the 
insurrectionists  among  the  Creeks. 
Accounts  of  ac-      g^^.^  2.  And  he  it  further  enacted,  That  the  accounts  of  the  acting  com- 
a  n^d ''qulnerinas- '"^'^^'^''i*^-'^  ^^'^^  quartermasters  of  all  said  troops  shall  be  settled  and  paid  in 
tors    of   Indian  the  same  manner  as  if  the  troops  with  or  for  which  they  acted  had  been 
troops,  hovT  settled  i.(.o-ularly  mustered  into  the  service  at  the  time  when  they  were  organized 
'*'*  Debts  incurred  ^"^  received;  and  that  the  debts  incurred  or  moneys  advanced  by  them, 
or   moneys    a d  -  be  paid  by  the  brigade  ipiartermastcr  of  the  brig:ule  commanded  by  Brig- 


PROVISIONAL  CONGRESS.  Sess.  V.  Ch.  32,33,  34,  35.   1862.  239 

adier  General  Albert  Pike  :  Provided  further,  That  said  accounts  shall  be  vanpcdby  tbem.by 
also  approved  by  the  said  Brigadier-General,  and  that  the  prices  paid  by  ^^^^^  'o  be  paid, 
them  be  found  by  him  not  to  have  been   excessive  or  exorbitant,  and  the 
debts  to   have   been  contracted   in   good    faith,  and  the  moneys  actually 
advanced. 

Approved  December  31,  1861. 


Caap.  XXXII. — An  Act  to  make  additional  appropriations  to  defray  the  expense  of  the      1S61,  Dec.  31. 

J'ublic  Printing. 

The  Congress   of    the    Confederate   States  of  America  do  enact,  That,    Appropriation  to 
in  addition  to  the  appropriations   heretofore  made  by  law,  the  folIowingP'^y  .  ^'"'  P"1'^>p 

1  1  .1  1         1  •    ^    3  *  ii  c  i.\      rrintin^;   up  to  18 

sums  be,  and  the  same  are  hereby,  appropriated  to  pay  the  expense  ot  the  ^ch.,  laoi. 
Public   Printing   up    to    the  eighteenth  day  of  February,  Anno   Domini 
eighteen  hundred  and  sixty-two,  to-wit:  For  the  War  Department,  twenty     "War     Dcpart- 
thousand  dollars ;  for  the  Post-Oftice  Department,  sixteen  thousand  dollars  ;  ^^'pog^.o^ce   De- 
for  the  Treasury  Department,  five  hundred  dollars;  for  the  Department  of  parimi'ut. 
State,  five  hundred  dollars;  making,  in  all,  the  sum  of  thirty-seven  thousand      Treasury  Dc- 
dollars,  to  be  paid  out  of  any  money  in  the  treasury  not  otherwise  appro- P'^rj™'^'"'"  ^ 

priated.  State. 

Approvkd  December  31,  1861. 


Chap.  XXXIII.— .4)1  Act  to  cst'ihlinh  a  mail  route  from  Hicks'  Ford   to   Lawrcnccville,      1862,  Jan.  2. 

in  Virginia.  


The   Congress  of   the   Confederate  States  of  Amerlcr  do  enact,  That      Post  route  ^- 
the  following  additional  post  route  be,  and  the  same  is  hereby,  established, ''J-'l^'*'^'^'}  ^*''"'" 

1         ii  TT-   1    1    T-<      1      •      ii  .        I-  /~<  -ii      I       T  Uicks     rord   to 

namely:  l^om  llicks    I'ord,    in  the    county  ot  (^reensvilie,  to    l^a^vrence- Lj^^^yg„^.^.^,jUp_ 
ville,  in  the  county  of  P>ruuswick,  in  the  State  of  Virginia, 

Sec.  2.  And  be  it  further  enacted,    That   the   Postmaster-General    be    First  coutract  for 
hereby  authorized  to  make  the  first  contract  for  carrying    the  mail  over ''"rp''"« '"'^'' °\^'" 

.       -  .  .  r      ^  •  •         •      1  •  1      i^  •  1  ssna  route  may  be 

said  route,  without  the  necessity  of  advertising  tor  bids  tor  said  contract,  j,iado  without  ad- 

as  required  by  existing  law.  vcrtising  for  bids. 

Skc.  3.  This  act  shall  take  efl:ect  from  and  after  its  passage.  Comuieucement 

Approved  January  2,  1862. 


of  act. 


Chap.  XXXIV. — An  Act  maJcinj  ap2)ro})riations  for  certain  floating  defences.  1SC2,  Jan.  9. 

Be  it  enacted  htj  the   Con<iress  of  the    Confederate  States  of  America,     Appropriation 
That  the  sum  of  one  million  of  dollars  be,  and  the  same  is  hereby,  'MT''^' Lnccs  for'tlfe  We'=- 
priated  for  floating  defences  for  the  Western  rivers,  to  be  expended,  at  the  teru  rivers. 
discretion  of  the  President,  by  the  Secretary  of  War,  or  Secretary  of  the 
Navy,  as  he  shall  direct. 

Approved  January  9,  1862. 


Chap.  XXXV. — An  Act  viaJcing  certain  j^rovisions  in  regard  to  Indian  trnut  fundi,  18fi2,  Jan.  10. 


Ihe  Congress  of  the  Confederate   States  of  Americo,  do   enact,  Tliat     Moneys,  bond?, 
all  sums  of  money,  bonds  or  securities  of  any  kind,  belonging  to  any  Indian  '^^•'  ^^lorgmg  to 


210  PROVISIONAL  CONGRESS.    Sess.  V.    Ch.3o,37,38.   1863. 

certain  ladian  ti'lbe  or  tribes,  witli  whom  treaties  have  been,  or  may  be,  made  by  the 
tribes,  of  which  the  Confederate  States,  and  of  which  said  sums  of  money,  bonds,  and  other  securi- 
government  of  the  ^j^^^  ^-^^^  Government  of  the  Confederate  States  is,  or  may  hereafter  become, 
dian  to  be  depos-  the  custodian,  as  the  trustee  of  such  tribe  or  tribes,  shall  be  deposited  in  the 
ited  in  the  trctsu-  treasury  of  the  Confederate  States. 

ry-  Sec.  2.  And  be  it  further  enacted,  That  the  Secretary  of  War  be,  and 

iriiiv'^draw  his  re-  ^'^  J^  hereby,  authorized  to  draw  his  requisition  for  each  and  all   sums  of 
quisition   for  any  money  deposited  in  the  treasury,  as  aforesaid,  in  favor  of  said  Indians,  or 
moneys  deposited,  r^^-^y  ^^f  them,  to  whom  such  money  may  belong,  or  who   may  be  author- 
ized to  receive  it. 

Approved  January  10,  1862. 


1 862,  .Tan.  11.      Chap.  XXXVI. — An   Act   nppropri'ating    two  hundred   and   tweuty-tJiree  ilwusand,  six. 
— ^^ ■  hundred  and  seven  dollars  for  the  navoJ  service.. 


Appropriations       The  Congress  of  the  Confederate  States  of  America   do  enact.  That 

for  the  naval  ser-  the  sum  of  one  liundred  and  fifteen  thousand,  six  hundred  and  seven  dol- 

^^"^Officers  of  the  '^'^   ^^■'  ^^^    '^^   hereby,  appropriated  for  tlie    pay  of  officers  of  the  navy, 

navy.  on  and  off  duty,  to  the  first  day  of  April,  eighteen  hundred  and  sixty-two  ; 

W.arrant   a  n  d  and  that  the  further  sum  of  one  hundred  and  eight  thousand  dollars  be, 

petty  officers,  sea-  and  is  hereby,  appropriated    for  the    pay   of  warrant   and    petty  officers, 

moE,  <te.  seamen,  ordinary  seamen,  soldiers  and  boys,  and  engineers  depaiiment,  to 

the    same    time,  as   per    estimates  of  the    Secretary  of  the   I^Tavy  of  the 

twenty-sixth  December,  eighteen  hundred  and  sixty-one. 

Approved  January  11,  18G2. 


1862,  Jan.  11.      Chap.  XXXVIT. — An    Act   appronrlating  fourteen   millions   eight    'hundred   and  fifty 

thousand  dollars  for  the  military  service. 

Appropriations.        TJtc  Congress  of  the  Confederate    States  of  America  do  enact,  That 
Forpayofboun-the    sum  of  fourteen    millions  four   hundred    thousand  dollars   be,  and  is 
tion°unde°^^cTf^r ^^®''^^^'  appropriated  for  the  pay  of  bounty  and  transportation,  or  commu- 
re-eulistment     of  ^''^^ion  thereof,  for  one  hundred  and  fifty  thousand  men  under  the  act  pro- 
twelve    months  viding  for  re-enlistment  of  twelve  months'  men. 

"^^"-  Sec.  2.  That  the  sum  of  four  hundred  and  fifty  thousand  dollare  be,  and 

dor  act  for  recruit- ^^  hereby,  appropriated  for  expenses  under  the  act  for  recruiting  recently 
in?, passed  19 Dec.,  passed. 

^^^'      ,        „  Sec.  3.  That  the  sum  of  eight  hundred  dollars  be,  and  is  hereby,  appro- 

sistant^'^'secretary  P'''^ted  for  the  salary  of  the  Assistant  Secretary  of  War,  to  the  first  day 
of  War  to  1st  of  April,  eighteen  hundred  and  sixty-two,  as  per  estimatesof  the  Secretary 
April,  1862.  of  War,  of  the  twenty-seventh  December,  eighteen  hundred  and  sixty-one. 

Approved  January  11,  1862. 


1862,  Jan.  14.      Chap.  XXXVIII. — An  Act  to  authorize  the  appointment  of  two  addl'ional  clerks  and  a 
~~ draftsman  in  the  A'ury  Department. 


Na^v^mra^'^-nt  ^^^  Congress  of  the  Confederate  States  of  America  do  enact.  That 
two  addit  iona'l^^^*^  Secretary  of  the  Navy  be,  and  he  is  hereby,  authorized  to  appoint  one 
clerks   and  o n e  additional  clerk,  at   a  salary  of  fifteen   hundred  dolors   per  annum,  one 


PfioVISIONAL  CONGRESS.  Sess.  V.  Cn.  39,  40,  41,  42.   1S62. 


241 


otlior    additional  clerk    at,   a   salary  of  twelve    hmuhed    dollars,  and  one  drHftsm.n;     their 
draftsman  at  a  salaiy  of  twelve  hundred  dollars.  Bularics. 

Api'ROVED  January  14,  1862. 


Chap.   XXXIX. — An  Act  supplcmmUiry  U,    fin    net    mal-ing    appropHah'oiin  /or  certain       1S6?,  Jan.  14. 
foaiiiKj  defences,  aj<pi<jved  Jnnuiiy  ninth,  eighteen  hiiiidnd  and  aij-ty-tico. 


The  Congress^  of  the  Confedrrate  Sfafrif  of  America  do  enact,  That       Enlistment    of 
the  President  he,  and  he  i?s  heiehv,  authorized  to  raise  a  corps  for  the  teni- '"*'°  f'TtcmnorBry 
poiary  and  special  service  on  tlie" Western  waters,  to  cause  to  he   eidistedou**  Tr^wl'tJrJ 
a  ninnher  of  men  not  e.vceeding  six  thousand,  and  of  sucli  commissioned  waters, 
and  non-com mi.ssioned  officers,  and  of  such  rank,  either  naval  or  military      ^'".raiier. 
as  the  President  may  deem  necessary,  who  shall  severally  receive  such  pay     rS"" 
and  allowances  as  he  n)ny  determine.  Pay  and  allow- 

Appkoved  January  14,  18tJ2.  anccs. 


Chap.   XL.— .In  Act  to  authorize  th".  S>'crc.tnry  of   War  to  awiit  and  settle  the  claim,,  of      1802.  .Jar.  15. 
ctitoin  office' n  therein  uatned.  ■ 


the  transfer  of  the  hattalions  or  reoriments  to  which  they  were  attached  to^""'-'  ""''  »»"g^""»» 
tlie  time  of  the  appointment  of  tlieir  successors  l.y  the  Confederate  (;^,,.  f"'"^"'^•"l"^^^""d• 
ernment:  Provided,  Said  otfi.-ers  held  commis.sions  from  their  respective  /'/mvV ,  That 
States  and  discliarjjed   tlie  duties  of  said   ofli.;es  under  said   commissions  '"'''    .ffi^en   heid 


and  no  other  officers,  during  the  time,  were  appointed   or  discharired  theMTcTr'', 
duties  of  the  same.  ^  gtJ.'g'  ' 

Approved  January  15,  1862. 


oris    Ir  m 


Chap.   XL!.— ^n  Act  to  make  the  appoiifment    of  A^^istniit   SrcJ-etaries  of  Slate,  of  the      )8rt2,  Jan.  16. 
Treasury  and  of    War,  Execxitiic  appoi  .tmenti.  - _— ! 1- 

Thc  Congress  of  the  Con/ederafe   States  of  America  do  enact,     That    The  .-.ppoinimert 
hereafier  the  appointment  of  Assistant  Secretary  of  State,  Assistant  Secre-  "f  certain  iis?i.^taut 

the  1  lesident,  by  and  witli  the  advice  and  consent  of  Cong; ess.  mcnts. 

Skc.  2.  All  conthctinij  laws  are  hereby  repealed. 
Approved  January  16,  1862. 


Chap.   XLII  —An  Act  to  authorise  the  Secretary  of  the  Navy  to  give  a  honnli/  to  alt  per-       18C2,  Jan    1(J 
sous  enlisted  as  seamen  who  eulitt  for  three  years  or  for  the  loar.  ' 

The  Congress  of  the  Confederate  States  of  America  do  enact,  That  Bounty  to  i-ea- 
the  Secretary  of  the  Navy  is  hereby  authorized  to  give  a  bonQty  of  fifty  ™°"  enlisted  for 
dollars  to  all  persons  enlisted  as  seamen,  who  shall  enlist  for  three  years  oV iJc^Jar"' "'  ^°' 
for  the  war.     And  the  provisions  of  this  act  shall,  in  like  manner."  extend 

16 


2.42  PROVISIONAL  CONGRESS.     Sess.  V.     Ch.  43,  44.     1862. 

ftci^.mcn  already  to  all  seamen  heretofore  enlisted  who  will  extend  the  term  of  their  enlist- 
enUsttd  who  will  ment  to  three  veurs  or  for  tlie  war,  said  bounty  to  be  paid  at  the  time  of 
..xt..,nd  the  term  to  ^.^;  _^  enlistment. 

h?ve  (he  benetit  ol 

tL;3  pioviaion.  Approved  January  10,  18G2. 


3SC2,  Jan.  ^T).      Chap.  XLlll.—An.  Act  supjdcmcniary  to  a7i  act  entitled    "An  act  to  aitthoiize  the  ap- 

poiiitineixt    i)f    additional    ojficers    of    the  navy,"    approved    December    twenty-fourth, 

eighteen  hundred  and  sixty-one. 

ProEident   maj^       /^/^^.  Covrprss   of  the   Confederate    States  of  America  do  enact,  That 
appomt   officers  ot  ,,      ,,       .,"',.        -^ ,       .      ,     •'  .  _,  •,,  ,,  , 

the  re-'ular  navy  the  i  resident  IS  authorized  to  appoint  ofTi(;ers  ot  the  regular  navy,  to  any 

to  finy  higher  grade  hio-her  grade  under  the  act  above  mentioned,  without  prejudice   to  their 

w-tcout   prejudice  position  uiider  their  orip-inal  appointment, 
to    tiiMr    position '  o  i  i 

u.i'?eoii-in<al  ap-      APPROVED  January  IG,  1862. 

poiiitnient. 


1862,  Jan.  IS.  Chap.   XLIV. — An  Act  to  organize  the  Territory  of  Arizona. 


Temporary  gov-       The  Congress  of  the    Confederate   States  of  America  do  enact..  That 
ernmout  for  Terri-  all  that  part  of  the  present  territory  of  New  Mexico,  included  within  the 
tiry  of  AnzoDae3-|-^]|Q^^,j^      limits,  to-wit:    Beffinnina"  on  the  Colorado  river,  at  the  parallel 
of  north   latitude  thirty-four  degrees,  thence   with    said    parallel   to    the 
eastern  boundary  of  New  Mexico ;  thenc^e  south  with  said  boundary  until 
it  intersects  the   lii)e  of  Texas ;    and  thence  with  said    line  to    the   Rio 
Grande,  and  so  on  to  the  line  of  Mexico,  on  said  river,  as  fixed   by  the 
treaty  of  eighteen  hundred  and  fifty -four  ;  tlience  with  the  boundary  line 
established  by  said  treaty  between  the  late  United  States  and  Mexico  to 
the  Colorado  river,  thence  up  the  Colorado  to  the  place  of  beginning,  be, 
and  the  same  is  hereby,  create(i   into   a  temporary   government,   by   the 
Power  to  divide  name  of  the  Territory  of  Arizona;  and  nothing  in  this  act  shall  be  so  con- 
said  Territory  re-  strued  as  to  inhibit  the  Government  of  the  Confederate  States  from  divid- 
'""^^'^'"  ing  said  Territory  into  two  or  more  territories,  in  such  manner  and  at  such 

times  as  Congress  shall  deem  convenient  and  proper,  or  from  attaching  any 
portion  of  said  Territory  to  any  other  State  or  Territory  of  the  Confederate 
Ir.  stitution  of  States;  and  the   institution  of  slavery  in  said   Territory  shall    receive  all 
sUrery  in  the  Ter- jiecgjisaiy  protection,  both  from  the  Territorial   Legislature  and  the  Con- 

neccEBarv   protcc^  ^^'"^'''^ '^'^' ^''®  ^""^"''^*-^*^^^^^  ^^'"^^^^^  *  -^''^'^''''^"A  aUo.,  That  nothing  in  this  act 
tion.  contained  shall  be  construed  to  impair  the   rights  of  persons  or  property 

Proviso  88  to  In- iiow  pertaining  to  the  Pimos  and  Maricopas  Indians  on  the  Gila  river,  or 
rito^"'"  ^^^^  '^•^'■'the  right  or  claim  of  the  Confederate  States  to  the  remainder  of  the  Ter- 
"**  ritory  of  New  Mexico,  or  to  any  other  territory  north  of  the  line  of  thirty- 

four  degrees  north  latitude. 
The  executive  Sec.  2.  And  he  it  further  enacted.,  That  the  Executive  power  and 
p  jvrtr  to  be  vopteJ  authority  in  and  over  said  Territory  of  Arizona,  shall  be  vested  in  a  Gov- 
i..':v Governor;  his  ernor,  who  shall  hold  his  office  for  six  years,  and  until  his  successor  shall 
powerB,  duties  and  ^^  '^'^^'Y  'ippolnted  and  qualified,  unless  sooner  removed  by  the  President 
«:ii>iun5cnis.  of  the  Confederate  States.     The  Governor  shall  reside  within  said  Terri- 

tory, at  the  seat  of  government,  and  shall  be  commander  in-chief  of  the 
militia  thereof;  he  may  grant  pardons  and  respites  for  ofiences  against  the 
the  laws  of  said  Territory,  and  reprieves  for  offences  against  the  laws  of 
the  Confederate  States,  until  the  decision  of  the  President  can  be  made 
known  thereon  ;  he  shall  commission  all  officers  who  shall  be  appointed  to 


PROVISIONAL    CONGRESS.      Sess.  \.     Ch.  44.     1862.  243 

office  under  the  laws  of  said  Territory,  and  sliall  lake  care  that  the  laws 
be  faithfully  executed. 

Sec.  3.  And  be  it  further  enacted,    That  there  shall    be  a  Secretary  of    Secretary;  ^lia 
said  Territory,  who  shall  reside  therein,  and  hold  his  office  for  six  yjars,  P'^'^'^"  """'^  <^"*i"- 
unless  soonei'  removed  by  the  President  of  the  Confederate  States ;  he  shall 
record  and  preserve  all  the  laws  and  proceedings  of  the  Legislature  here- 
inafter constituted,  and  all  the  acts  and  proceedings  of  the  Governor  in  his 
Executive  Department;  he  shall  transmit  one  copy  of  the  laws  and  jour- 
nals of  the  Legislature  within  thirty  days  after  the  end  of  each   session, 
and  one  copy  of  the    executive   proceedings  and    official    correspondence 
semi-annually,  on  the  first  days  of  January  and  July,  in   each  year,  to  the 
President  of  the  Confederate  States,  and    four  copies  of  the  laws  to  the 
Vice-President,  to  be  deposited  in  the  libraries  of  Congress;    and   in  case     incnsonf  death, 
of  the  death,  removal,  resignation,  or  absence   of  the  Governor  from  the  i"csi5;iiaiion.  or  re- 
Territory,  the  Secretary  shall  be,  and  he  is  hereby,  authorized  and  required  X'' sr<[reu7'"''To 
to  execute  and  perform  all  the  powers  and  duties  of  the   Governor  during  act  as  Governor, 
such  vacancy  or  absence,  or  until  another  Governor  shall  be  duly  appointed 
to  till  such  vacancy. 

Sec.  4.  And  be  it  further  enacted,   That  the  Legislative   power  and     t.egislativepow- 
authority  of  said  Territory  shall  be  vested  in  the  Governor  and  a  Legisla- ^  ' '"  ^^  <>m\ci? 
tive  Assembly.     The  Legislature  shall  consist  of  a  Council   and  House  of     Lej;islaiivo  As- 
Representatives.     The  Council  shall  consist  of  thirteen  members,  having  "^'"''^^l  ^"  consist 

^1    '  ,.,,        .  ,.        ,  1         •       .\  -111  J.  f      ii-       "'  ii    Council    and 

the  quaiihcation  of  vot<^rs,  as  hereinafter  prescribed,  wliose  term  of  onice  houpp  of   Kopro- 
shall  continue  two  years.     The  House  of  Representatives  shall,  at  its  first  scntatives ;    how 
session,  consist  of  thirteen  members,  possessing  the  same  qualifications  *is  c-"""?""*^''- 
prescribed  for  members  of  the  Council,  and  whose  term  of  office  shall 
continue  one  year.     The  number  of  Representatives  may  be  increased  by 
the  Legislature,  from  time  to  time,  in  proportion   to  the  increase  of  the 
(|ualified  voters:  Provided,  That  the  whole  number  sluill   never  exceed     Proviso.. 
thirt)--nine.     An  apportionment  shall  be  made,  as  nearly  equal  as  practi-  ,  Apportionment 
cable,   among   the  several   counties  or  districts,  for   the   election   of  the  [^g,J/j,^,^^^'^'j."""g.°f 
Council  and  Representatives,  giving  to  encli  section  of  the  Territory  ropre-  lative  Council, 
seutatiou  in  the  ratio  of  its  qualified   voters,  as  nearly  as  may  be.     And     Members  of  tho 
the  members  of  the   Council   and  of  the   House  of  Representatives  shall  ^'r.'"?:'''  ^"'*  "'""'' 

•  1       •  11.11-  •     1         1-       •  •!>•''    11  !•  p  r  c  scnta,- 

reside  in.  and   be   inhabitants  of,  the  district  or  county,  or  counties  tor  tive,«;  where  to  re- 

which  they  may  be  elected  respectively.     The  said  apportionment  shall  be-sifli'- 

based  ui)on  the"  census  report  of  New  Mexico  for  the  year  1860,  made  by  ,.'^*'''  f  '^PP"^" 

direction  ot  tlie  late  United  States. 

Sec.  5.  And  be  it  further  enacted,  That  the  Governor  shall  regulate  the     Governor  to  re 

first  election  wliich  shall  be  held  for  members  of  the  Council  aniUJouse  <^f  P''^^"jJi^',J(^[;j^^'*|,° 

Representatives.     The  first  election  shall  be  held  at  such  tiino  ixud  places,  council  and  liouso 

and  be  conducted  in  such  manner,  both  as  to  persons  who  shall  supeiin- of  Kcpresenta- 

tend  such  electiou  and  the  returns  thereof,  as  the  Governor  shall  appoint  ^'^'^?-        ,  ^ 

,    ,•        .  1  1        1     11       1  ii  ^-  ■        J      1         ii  1  CI  iimc,  p'acc  anJ 

and  direct,  and  he  shall,  at  the  same  time,  declare  the  number  or  'iiembers  jj^^^^^.^.  ^Jj-l^^j^-j^^ 

<if  the  Council  and  House  of  Representatives  to  which  each  of  the  coun-  olectioiif. 

ties  or  districts  shall  be  entitled  under  this  act.     The  persons  having  the 

highest  number  of  legal  votes  in  each  of  the  election  districts  for  members 

of  the  Council,  shall  be  declared  by  him  to  be  duly  elected  to  the  Council, 

and  the  persons  having  the  highest  number  of  legal  votes  for  the  House  of 

Representatives,  shall  be  declared   by  him  to  be  duly  elected  jnembcrs  of 

suid  House ;  and   the  (governor,   thereupon,  shall   give   to   the  respective 

membersoftheCounc.il  and  the  House,  so  declared,  certificates  of  olw-     Certificate  or 

tion,  under  his  official  signature.     Li  any  case,  where  it  shall  be  de^dared,  el'«c;iou. 

in  the  first  election,  that  the  people  have  failed  to  elect,  another  election     Another el'cction 

shall  be  ordered,  and  if  any  vacancy  occurs  during  the  se:->sJon  of  the  first  ordered    w  h  o  r  «> 

Legislature,  another  election  shall'likewise  be  ordered  ^'y  the  Governor,  ^f^'^y^,!'';'j^Yii 'a 

under  the  same  rules,  to  fill  such  vacancy  ;  but  the  first  Legislature  shall  vacancy. 


244  TRO VISIONAL  CONGRESS.     Sess.  V.     Ch.  44.     1862. 

provide,  by  law,  for  al!  ftiilufes  to  elect,  or  vacancies  wliich   ni;iy  occur 

tlit!!e;;fier.     And  it  is  Jiercby  provided   that  no  session  shall   exceed  tii'ly 

Term  of  sesskvas  days  except  the  first  session,  which  may  continue  seventy  days.     And  it  is 

limited.  further  provided,  that  al!  legislative  proceedino-g  shall  be  conducteii  in  the 

Proceedings    to-p,       ,.   ,  i,  f'  J  » 

be  iu  the  English  English  languao-e._ 

iiui»u:t.i;o.  Sec.  6.  And  be  it  further  enacted,  That  every  free  white  male  inhabitant 

Qualifications  of  ji^jove  the  age  of  twenty-one  years,  who  shall  be  an  actual  resident  of  said 

'*'*'"■  Teiritory,  and  shall  possess  the  qualifications  hereinafter  prescribed  shall 

be  ^?ntit!ed  to  a  vote  at  the  first  election,  and  shall  be  eligible  to  any  office 

in  the  said  Territory  ;  but  the  qualifications  of  voters  and  of  holding  office 

No  person  be- shall  be  exercised  only  by  citizens  of  the  Confederate  States  :  And  provided 

longing    to    t  h  Q  further,  That  no  officer,  soldier,  seaman  or  marine,  or  other  person  in  the 

Yote^iu^siiiTxerri-  ''^'"'^'7  ^i"  navy  of  tlie  Confederate  States,  or  attached  to  troops  in  the 

tory,  not  being  a  Service  of  the  Confederate  States,  not   being  a  citizen  of  said  Territory, 

ciiUen  thereof.       shall  he  allowed  fo  vote  or  hold  ofiicre  in  said  Tcri'itory. 

Extent  of  legis-      Sko.  7.  And  be  it  farther  enacted,  That  the   legislative  power   of  the 

Utive  power.  Territory  shall  extend  to  all  rightfid  subjects  of  legislation  consistent  with. 

the  Constitution  of. the  C^onfederate  States  and  the  provisions  of  this  act; 

but  no   law  shall   be  ]>apsed  interfering  with   the  primary  disposal  of  the 

soil;  no  tax   sliall    be   impo-ied   upon   the   property   of   the   Confederate 

States;  nor  slml!   the  lands  or  other  property  of  non-residents  be  taxed 

Power  of  t  b  c  higher  than  the  lantls  or  other  proj^erty  of  r-'sidents.     E\'erv  liid  whitdi 

Coam-iland  llousegij^ll  ],j.,^.Q  pfjj,j.g,l   ^'^6  Council  and   ilouse  of  Representatives  of  the  said 

tives  ai;dtbe'tlov-'l'*^^'''''f<'"yi  f^hall,  before  it  become  a  law,  be  presented  to  the  Governor  of 

«rnor  iu  enictiugthc  Territory;  if  he  approve,  he  shall  sign  it;  but  if  not,  he  shall  return 

la.v.-s,  anil  proceed- 51;^  ^yit},    i,ij.   objectio.iis,  to   the   House  in  which   it  originated,  who  shall 

iiigs  tnLU.B.  enter  the  objections  at  large  on  their  journal,  and  proceed  to  reconsider  it. 

If,  after  sucli   consideration,  two-thirds  of  that  liouse  shall  agree  to  pass 

the  bill,  it  shall  be  sent,  together  with   the  objections,  to  the  other  House, 

by  which  it  shall  likewise  be  considered,  and,  if  .approved  by  two-thirds  of 

that  House,  it  sliall  become   a  law.     l>ut  in   all   such   cases,  tlte  votes  of 

both  Houses  s!;;>ll  be  determined   by  yeas  and   nays,  to  be  entei'ed  on  th« 

journal  of  each  House  resjiectively.     If  any  bill   shall   not  be  returned  by 

the  (Jovernor  v.ilhin  six  days  (Sunday  excepted)  after  it  shall  liave  been 

presented  to  hiiu,  the  same  shall   be  a   law  in   like   manner  as  if  he  had 

signed  it,  tinless   the   Legislature,  by  adjournment,  prevent  its   return,  iu 

Governor  not  to  whicdi  case  it  shall  not  be  a  law;  Provided  alivays.  That   the  (Governor 

esereisc  veto  in  shall  not  exercise  the  veto  in  cases  hereinafter  expressly  reserved  or  denied 

certain  cases.         y    ^j^jg      j^.  Provided  further.  That  the  Conirress  of  the  Cotrfederate  States 

ohaime   or   iinnu'  '"'ly?  ^t  any  time,  change,  modify,  or  annul   any  law  that  may  be  passed 

laws  passed  by  the  by  the  Legislative  Assembly,  but  no  change  or  annulling  of  the  same  shall 

Legiglativo   As-  .,if^,.t  or  disturb  anv  rijrhts  acquired  previi)us  to  the  makinir  of  such  (dianyo 

Ar.d    may  ims=  0'"  alteration.    And  provided  further,  Tiiat  said  Congress  may,  at  any  time 

any  laws  for  the  during  tlte  existence  of  said  Territoiial  (Tovernment,  originate  and  pass  for 

p«ople  of  sa,idTer- tjjg  people  of  said  Territory  any  law  which  Congress  may  deem  expedient 

^^'  or  necessary  and  jiroper. 

Appointment  of      Src.   8.   And  be  it  further  enacted    That    all    territorial    and    county 

Territoral    «■ » <l  offi(^.ers  not   herein    otherwise    provided   for,  shall    be    appointed   by  tlie 
coonty  otiioers.         ,,  ,     ,  i     n    i     >  ,     ,     •       ,-r  ■.     i  Vn    i  i 

(jrovernor,  and  .they  shall  hold  their  otiices  until  tjiey  are  nlied  by  persons 

appointed   or  elected  conformably  to  such  law  as  the  Legislature   shal! 

Oovurnor  to  lay  enact  in  lela'ion  thereto.     The  Governor  shall  lay  off,  for  the  fii'st  election, 

off  election  dis-the  election  disti-icts  for  the  members  of  the  coimcil  and   Ilouse  of  Repre- 

Prjriso  sentatives,  where  deemed  necessary;    Provided,  always,    That  after   the 

first  session,  th.e  Legislature  .shall  exercise  the  sole  power  of  laying  ofl'  all 

election  districts. 

Rostviction    on      ggc.  9.  And  he  it  farther  enacted.  That  no  member  of  the  Legislature 

^^'^' shall  hold  or  be  appointed  to  any  oflfice  which  shall  have  been  created,  or 


PROVISIONAL  CONGRESS.      Sess.  V.       Ch.  44.       1862.  245 

the  salary  or  emolunic-nts  of  which  shall  have  been  increased  while  he  was  lii'ivp.  Apscmblya* 

a  member,  (liirino-  the  term  for  which  lie  was  elected,  and  for  one  veai- after  •'' «PP^*°  ™®"     ** 
1  •      •         P       ^  1  •  •     •         111  ■'  •     1  1         oflice. 

the  expiration  or  such  term;  but  this  restriction  shall  not  be  applicable  to 

members  of  the  first  Lejjislature ;  and  no  person  hohlinof  a  couimission  or 
appointment  in  the  militaiy  service  of  the  Confederate  States  sliall  be  a  mem- 
ber of  the  Legislature,  or  hold  any  civil  office  under  the  government  df  said 
Territory. 

Src.  10.  And  be  it  further  enacted.  That  the  Judicial   power  of  said     .Juclioial  power, 
Territory    shall   be  vested    in   a   supreme   court,  district  courts,    probate  ^'''• 
courts,  and  in   justices  of  the   peace.     The   supreme  court  shall   consist     Supreme   court. 
of  a  chief  justice  and   two   associate  justices,    any  two  of   whom   shall 
constitute  a  quorum,  and  who  shall  hold  a  term  at  the  seat  of  government 
of  said  Territory  annually.     They  shall   appoint  a  clerk,  who  shall   hold     May  appoint  it* 
his  office  during  their  pleasure,  and  who  shall  receive  such  fees  in  all  ca.'-.es  clerk, 
in  said  (^ourt,  as  the  clerk  of  the   supreme  court  of  the  Territory  of  New 
Mexico  is  now  entitled  to  by  law  ;  and  they  shall  hold  their  offices  during     -r^,.,,,  „f  officeof 
the  period  of  six  v<?<'ii's,  and  until   their  successors  are  duly  appointed  and  judges  of  suprL-me 
qualified.     The  said  Territoiy  shall   be  divided  into  three  judicial  di.stricts,  court. 
and  a  district  court  shall   be  held   in  each  of  said   districts  by  one  of  the     District    oourta. 
justices  of  the  supreme  court  at  such  times  and  place  as  may  be  prescribed 
by  law  ;  and  the  said  judges  shall,  after  their  appointments,  respectively 
reside  in  the  districts  which  shall   be  assigned  them.     The  juris(liction  of 
the  several  courts  herein   provided  for,  both   appellate  and  original,  and 
that  of  the  probate  courts  and  justices  of  the  peace  shall  be  as  limited  by 
law..-  Provided^  That  justices  of  the   peace  shall    not  have  jurisdiction  of    justioM  of  tho 
any  matter  in  controversy,  when  the  title  or  boundaries  of  land  may  be  in  pe.ice. 
dispute,  or  where  the  debt  or  sum  claimed  shall  exceed  one  liundred 
dollars;  and  the  said  supreme  and  district  courts  respectively  shall  possess     Courts     poseem 
chancery  as  well  as  common  law  jurisdiction.     Ea(  h  district  court,  or  the  chancery   a«   well 
judge  thereof,  shall   appoint  its  clerk,  who  shall   hold   his  office   <it  the  :"«  .^''''™^^^||°   ^*'' 
pleasure  of  the  court  for  which  he  sliall  have  been  appointed,  and  v.ho  shall     Each"  diatriot 
also  be  the  register  in  chancery,  and  shall  keep  his  office  at  the  place  wliere  ourt   to    appoini 
the  court  may  be  held.     Writs   of  error,  bills  of  exception   and  appeals '••"' •"^l^.'"'^- 
shall  he  allowed  in  all  cases  from  the  final   decision  of  said  district  courts  j_^    to  "be*  allowed 
to  the  supreme  court,  under  such  regulations  as  may  be  prescribed  by  law,  from  decisions  of 
but  in  no  case  removed  to  the  supreme  court  shall  trial  by  jury  be  allowed  district   courts  to 

in  said  court.     Writs  of  error  and  appeals  from  the  final  decision  of  said  «»Pf »'«  "",'*'■*•„ 

1     11  I         11  1  11  1  1  .«      »VriU    ot    error, 

supreme  court  sliall  be  allowed,  and  may  be  taken  to  the  supreme  court  ot  Ac,  from  decisions 

the  Confederate  States  in  the  same  manner  and  under  the  same  reo;iilations  "f  supremo  court 

as  from  district  courts  of  the  Confederate  States,  when   the  value  of  i\\Q^l  supnmo  court 
,,  ^    .  ,  ,  -111  1         of  the  Oonledorato 

property  or  tlie  amount  in   controversy  to  be  ascertained   by  the  oath  ory^.,toJ, 

affirmation  of  either  party  or  other  competent  witness,  shall  exceed   one 

tbou.sand    dollars ;    except    only    that  in    all    cases    involving    title   to     Provision    r  o  - 

slaves  the  said  writs  of  error  or  appeals  shall  be  allowed  and  decided  by  speeting  eaaea  in- 

the  said  supreme  court  without  regard  to  the  value  of  the  matter,  property  Y^^*"''  title  to 

or  title  in   controversy  ;  and  except,  also,  that  a  writ  of  error  or  ajipeal    ^     ' 

shall  also  be  allowed  to  the  supreme  court  of  the  Confederate  States  from 

the  decision  of  said  supreme  court  created  by  this  act,  or  of  any  judue 

thereof,  or  of  the  distri<-t  courts  created  by  this  act,  or  of  any  judge  thereof, 

upon  any  writ  of  habeas  corpus  involving  the  question  of  j)er.sonal  freedom  ;     ^^^j    ,],(,   qupg. 

and  each  of  the  said  district  courts  shall  have  and  exercise  the  same  juris- tion    of    pe-soaal 

diction  in  all  cases  arising  under  the  constitution  and  laws  of  the  Confed- f""'"^^'""'- 

erate  States  as  is  vested  in  the  circuit  and  district  courts  of  the  Confederate  i- .h'"'.!"  r°jw"!l 
1     1  •  1  IT-  /•       •  1  rr.       •  uii'.tion  01    diotriot 

States;  and  tho  said  supreme  and  district  courts  or  s;ml  lerntory  and  the  courts. 

resijcctive  judges  thereof  shall  and  may  grant  writs  of  habeas  corpus  in  all 

cases  in  which  the  same  are  granted   by  the  judges  ot  the  supreme  court  go„-,„g 

of  tho  Confederate  States ;  and  the  first  six  days  of  every  term  of  said     Uajn  appr-^pria- 


^•46  PROVISIONAL  CONGRESS.     Sess.  V,    Cii.  44.     1862. 

*ed  to  the  trial  orcourts  shall  be  appropriated  to  the  trial  of  causes  a/ising  under  the  said 

certain  causes.       constitution  and  laws;  and  wi'its  of  error  and   appeals  in   all   such  cases 

f   1    1.    rShall  be  made  to  the  supreme  court  of  said  Territory  the  same  as  in  other 

district  court.        cases.     The  said  clerk  shall  receive  in   all  cases  the  same  fees  which  the 

-.         ,.  .clerks   of  the   district  courts  of   the  present    Territory   of  New   Mexico 

Proceedings    of  .        ,         .     ,  .  ,-i      xi  •  -v     i    i       i  rv[ 

all  courts  to  be  in  ^'^eeive  tor  simlar  services,  until  otherwise  prescribed  by  law.  i  he  pro- 
English  liiuguage.  ceedings  in  all  courts  in  said  Territory  shall  be  conducted  in  the  English 
By  whom  P™"  lanp-uao-e.  All  probate  iudaes  in  the  said  Territory  shall  be  appointed  by 
jasticcs  of  t  h  e^'^^  ^'^^*^'""*^''>  ^'^'^  ^"  j"'''tit'es  of  the  peace  therein  shall  be  appointed  by 
peace   to    bo   ap- the  justices  of  the  supreme  court. 

P°^*''^^^-     _  Sec.  11.  And  be  it  further  enacted,  That  there  shall   be   appointed  an 

ornej'.  attorney  for  said  Territory  who  shall  continue  in  office  for  six  years,  unless 

salary.  sooner  removed  by  the  President,  who   shall  receive  an   annual   salary  of 

five  hundred  dollar.s,  payable  quarterly,  and  the  same  fees  as  the  attorney 

„  _  general  of  the  present  Territory  of  New  Mexico.     There  shall  also  be  a 

jj."  ',     '       ,     marshal  for  the  Territory  appointed,  who  shall  hold  his  office  for  six  years, 

'       '  unless  sooner  removed  by   the   President,  who   shall   execute  all   process 

issuing  from  the  said  courts  when  exercising  their  jurisdiction  as  district 

and  circuit  courts  of  the  Confederate  States;  he  shall  perform  the  duties, 

be  subject  to  the  same   regulation   and   penalties,  and  be  entitled  to  the 

same  fees  as   the   marshal  for  the  present  Territory  of  New  Mexico,  and 

Compensation,    shall,  in  addition,  be  paid  two  hundred  dollars  annually,  as  a  compensation 

for  extra  services. 
Governor,  Secre-      &EC.  12.  And  be  it  further  enacted,  That  the  Governor,  Secretary,  chief 
tary,  chief  and  as- justice    and    associate  justices,     attorney   and    marshal,    shall  be    nomi- 
sooiatcjustices,at- jjrj^g^l^    ^Y^^^   by  and    with    the  advice  and   consent   of  Congress    or  the 
to  bo  appointed  by  Senate,  appointed  by  the  President  of  the  Confederate  States.     The  Gov- 
the  President.        ernor  and  Secretary  to  be  appointed  as  aforesaid  shall,  before  they  act  as 
Each  to  take  of- su(.]^^   ''^•''P^ctively,  take  an  oath  or  affirmation  before  a  district  judge  or 
"'      '      some  justice  of  the  peace  in  the  limits  of  said  Territory  duly  authorized  to 
administer  oaths  and  affirmations,  or  before  the  chief  justice  or  some  asso- 
ciate justice  of  the  supreme   court  of  the  Confederate   States,  to  support 
the  constitution  of  the  Confederate  States,  and  faithfully  to  disch-trge  the 
duties  of  their  respective  offices ;  wdiich   said  oaths,  when   so  taken,  shall 
be  certified  by  the  person  before  whom  the  same  shall  have   been  taken, 
and  such  certificates  shall  be  received  and  recorded  by  the  said  Secretary 
among   the   executive  proceedings;  and  the  chief  justice  and  associate 
justices,   and  all   other   civil    officers  in  said  Territory,   before  they  act 
as   such,    shall  take    a   like    oath    or    affirmation    before   the  said    Gov- 
ernor or  Secretary,  or  some  judge  or  justice  of  the  peace  of  the  Territory, 
who  may  be  duly  commissioned  and  qualified,  which  said  oath  or  affirma- 
tion shall  be   certified  and  transmitted  by  the  person  taking  the  same  to 
the  Secretary,  to  be  by  him  recorded  as  aforesaid  ;  and  afterwards,  the  like 
oath  or  affirmation  shall  be  taken,  certified  and  recorded  in  such  manner 

Salary  of  Govcr- ^^"-^  ^'^'"'"  ^^  ^^y  ^^  P'^^*^''^^®^  bylaw.  The  Governor  shall  receive  an 
nor.  annual    salary   of  fifteen  hundred  dollars  as    Governor,  and   five   hundred 

^^j,  -  ^  dollars  as  commissioner  of  Indian  affairs.  The  salary  of  the  Secretary  of 
tary.  "^         the  Territory  shall  be  the  sum  of  twelve  hundred  dollars  per  annum,  pay- 

Salar  f  h"  f*^^^'^  quarterly.  The  chief  justice  and  associate  justices  shall  each  receive 
and  associate  jus- ''^''^  fi^^nual  salary  of  eighteen  hundred  dollars.  All  salaries  shall  be  paid 
tiees.^  ^     quarterly  at  the  Treasury  of  the  Confederate  States.     The  members  of  the 

cuamd'*^*  P'"^"^  Legislative  Assembly  shall  be  entitled  to  receive  four  dollars  each  per  day 

Compensation  of '^'^"'''S  t^^^''' ''•'ttendance  at  the  sessions  thereof,  and  four  dollars  each  for 
members  of  Legis-  every  twenty  miles  travel  in  going  to  and  returning  from  the  said  sessions, 
'^^Protv'^'^'^'f '  ^-'^timated  according  to  the  nearest  usually  travelled  route.  There  shall  be 
contint'ent  ex- ''''PP""*^?^''^^^^  annually  the  sum  of  one  thousand  dollars,  to  be  expended  by 
penses.  the  Governor,  to  defi'ay  the  contingent  expenses  of  the  Territory ;  there 


PROVISIONAL  CONGRESS.      Sess.  V.      Cii.  45.       18G2.  247 

• 

shall  also  be  appropriated  annually  n  sufficient  sum  to  be  expended  by  tlie 
Secretary  of  the  Territory,  and  upon  an  estimate  to  be  made  by  the  Secre- 
tary of  the  Treasury  of  the  Confedei-atc  States,  to  defray  the  expenses  of 
the"  Legislative  Assembly,  the  printing  of  the  laws  and  other  incidental 
expenses  ;  and  the  Secretary  of  the  Territory  shall  annually  account  to  the 
Secretary  of  the  Treasury  o^  the  Confederate  States  for  the  manner  in 
which  the  afores^aid  sum  shall  have  been  expended.  ,  , 

Sec.  13.  And  be  it  further  enacted,    That  the   Legislative   Assembly  ?*',i,.e^^A^'^°mbly'to' 
the  Territory  of  Arizona  shall  hold  its  sessions  at  La   MesiUa,  which   i?  hold  its  sessions.' 
hereby  designated  as  the  seat  of  government  of  the  said-  Territory,  until     Scat  of  govern- 
otherwise  provided  by  law.  """'"'• 

Sr.;o.  14.  And  be  it  further  enacted,  That  a  Delegate  to  the  Congress  o^^  n^J.^J'of  ""aepr^- 
the  Confederate  States  to  serve  during  earh  Congress,  may  he  elected  by  gyn„^,i^eg   of 'tbo 
the  voters  qualified   to  elect  members  of  the  Legislative  Assembly,  who  Confederate  States 
shall  be  entitled  to  such  rights  and  privileges  as  may  be  provided   by  tlie'o  ^"^  elected, 
constitution   and   laws  of  the  Confederate '"States.     Tlie  first  election  ^'''il^^jJi^'H^il^g^^Jf 'if 
be  held  at  such  time  and  places,  and  be  conducted  in  such    manner  as  the  ^""   ' "-  ^  '    ' 
Governor  shall  appoint  and   direct;  and  at   all   subsequent  elections,  the 
time  and  places,  and  manner  of  holding  elections  shall  be   prescribed  by 
law\       The  person    having   the   greatest  number  of  legal    votes  shall  be 
declared  by  the  Governor  to  be  duly  elected,  and  a  certificate  thereof  shall 
be  given  accordingly  ;  and  such  delegate  shall  receive  mileage  at  the  rate     His  nii:o:ige  ard 
of  ten  cents  per  mile,  and  eight  dollars  for  each  day's  attendance  at  the  P"-^'- 
session  of  Congress. 

Sec.  15.  And  be  it  further  enacted  That  temporarily,  and  until  other-  .,j;;'JYhJ*^idicL^l 
wise  provided  by  law,  the  Governor  of  said  Territory  may  define  the  'Lidi- (U^tricls,  imd  a's- 
cial  districts  of  said  Territory,  and  assign  the  judges  who  may  be  appointed  e'v^n  the  jud-cs  to 
for  said  Territory,  to  the  several  districts,  and  also  atipoint  the  times  and  tiiom.  &«.;  b.u  the 
places  of  holding  courts  m  the  several  counties  or  snb-divisioiis  in  eacli  ot  j^,^:  ^^.^^  .^^^.^^.j^^j,. 
said  judicial  districts  by  proclamation  to  be  issued  by  him  ;  but  theLeg-ity  or  ovga:ii;'e 
islative  Assembly  at  their  first  or  any  subsequent  session  may  alter,  modify  such  judicial  dis- 
or  organize  such  judicial  districts,  and  assign  the  judges,  and  alter  the  times  ''"  '' 
and  places  of  holding  the  courts  as  to  them  shall  seem  proper  and  conve- 
nient. 

Sec.  1G.  And  be  it  f  urther  enacted,  That  the   constitution  and  :dl  laws     5':'''5'\'£''p"°J^ 
of  the  Confederate  States  which  are  not  locally  inapphcable,  snail  have  tlie  estc.,(]c,j  over  said 
same  force  and  effect  within  the  Territory  of  Arizona  as  elsewhere  within  Territory, 
the  Confederate  States. 

Sec.  it.  And  be  it  further  enacted,  That  the  provisions  of  this  act  be,    Provisions  of  this 

1  1         1  11  •!     1        i\       •  1      ,       f     1        /I      !•    T        i.      Oi.   J       fict   suspuTidcd  till 

and  are  hereby  suspended  until  the  rresident  ot  the  Contcderatc  Estates  pj,Qj,;jyjj^  3j,^]j  j^. 
shall  issue  his  proclamation,  declaring  this  act  to  be  in  full  force  and  oper- sue  his  proclair.a- 
ation,  and  shall    proceed    to  api>oint    the    officers   herein    provided  to  be  ^j""   "">'  appuiut 

.  .  *  the  oniccvs 

appointed  in  and  for  said  Territory. 
Approvkd  January  18,  1862. 


OnAP.   XLV. — All  Act  to  provide  for  raising  and  orrfanizliKj,  in  the    Stnic    of  Misnouri,      1802,  Jan- 22. 
additional  troopa  for  the  provisional  army  of  the  Confederate  States. 


The  Congress  of  the   Confederate  States  of  America  do  enact,  That   President  author- 
the  President  be,  and  he  is  hereby,  authorized  to  nominate,  and  by  and  i'-'^d  to  appoi::t 

•,1.1  1    •  1  ,      f  i-\  i  •    J.         i  ,     ."       .      uiaior  ceneritl  and 

With  the  advice  and  consent  of  Congress,  to  appoint  and  commission  in  brigadier  i^cncrttls 
the  provisional  army  of  the  Confederate  States,  one  major  general   and  to  The  command  of 
such  brigadier  generals  to  the  command  of  troops,  now  and  hereafter  to  troops  in  Missouri. 
be  raised  and  organized  for  the  provisional  army  in  the   State   of  Mis- 
oari,    as  he  may  think  proper. 


148  PROVISIONAL   CONGRESS.     Sess.  V.      Ch.  46.     1862. 

• 

Pay.  Sec.  2.  All  officers  appointed  under  tlie  provisions  of  this  act  sliall  be 

Staff.  eutitlijd  to  receive  pa.y  from  the  date  of  their  respective   appointments, 

The  officers  ap-  and  shall  be  allowed  the  usual  staiT  appropriate  to  their  rank ;  and  shall 

pomto.l  til  be  as-  j^g  assigned  to  the  duty  of  raisin <?  and  oro-anizing  Confederate  forces  in 

fiifed  to  the  (1  'tv       .  •  ■  •  • 

of°r'asln<'  <tc.  the  ^'*^^  State,  with  the  view  of  puttin<T  them  and  their  respective  commands 

for<'e>-ius'.iidrftiite.  in  the  field  at  the  earliest  practicable  period. 

Commtnccmcnt      Sec.  3.  This  act  to  take  eifect  from  and  after  its  passage. 

^^  ^^^-  The  foregoing  act,  presented  to  the  President  on  the  9th  of  January, 

1882,  was  not  approved  by  him,  nor  returned  to  the  Congress  within  tea 
days  (  Sundays  excepted  J  after  being  presented  to  him;  it  therefore 
became  a  law  on  the  22d  January,  18G2. 


Jan.  22,  1862.      GnAP.  XLVI. — An  Act  t'l  ame:id  an  act  entitled  "An  act  to  raise  an  additional  military 
""     force  to  verve  dnriny    the  mar,"  appioved  Mity  eighth,  eighteen  hundred  and   sixty-one, 
and  fur  other  purpoaci. 

Volunteers  under       2/je  Congrexs  of  ths    Confederate   States  of  America   do  enact,  That 
.f!  .ic  (>      .lie    ->  YQiuntQPj-H  offering;  their  service  under  an  act  entitled  ''An  act  to  raise 

tool,    m;fv     Ijii  ac  i  i  ■    •  i         -^  n  i       •  i 

c'pted  singly  as  an  additional  miliary  lorce  to  serve  during  the  war,  approved  May 
we!l  as  in  compa-  eighth,  eighteen  hundred  and  sixty-one,  may  be  accepted  by  the  Presi- 
"'"^'    ^'  dent  singly  as  well  as  in  companies,  squadrous,  battalions  or  regiments. 

F.eld  and  com-      Seo.  2.  In  all  appointments  of  officers  raised  under  this  act,  the  field 

pmv  iiflicers.  how  and   company  officers  shall  be  chosen  and  appointed  in  the  manner  pre- 

cliuien    and    ap-  gyrij^gfi  by  the  act  entitled  "  An  act  providing  for  the  granting  of  bounty 

and  furloughs  to  privates  and  non-commissioned   officers   in  the   provis- 

lOGl,  Dec.  11.     ional  army,"  approved  December  eleventh,  eighteen  hundred  and  sixty- 

V;.ueancics  filled  ^^^g  .  j^^j  .^\\  vacancies  occurring  in  the  said  offices  after  the  first  election 

o^'iH-i"    to  Tado™*'^^^  under  this  act,  as  well  as  under  the  act  entitled  "An  act  to  raise 

ftti;  f  »aiority.         an  additional  military  force  to  serve   during   the  war,"   approved    May 

ICi,  Mays.       eighth,   eighteen   hundred   and   sixty-one,   shall  be  filled  by  promotion, 

13';,,  Doc.  il.     according  to  grade  and  seniority,  as  provided  in  the  said  act  of  eleventh 

December,  eighteen  hundred  and  sixty-one,  except  in  case  of  disability 

^  li'.ile  of  promo-  or  Other   incompetency :     Provided^    however,    That   the   President  be 

^'''  '\.f^\.  '^"    .  "authorized  to  depart  from  the  prescribed  rule  of  promotion   in   favor  of 

tV.'orof  any  person  ^°,y  pc'i'-on  specially  distinguished  by  his  commanding  general  for  extra- 

epo  •,".iily  (lis  ti  n  -  ordinary  merit  or  some  signal  act  of  military  skill  or  gallantry. 

giii^hecl.     ^  Sec.  3.  Any  vacancies  occurring  in  the  ranks  of  companies  mustered 

cf^rt^ia  conipanic-  '^^^^  ^^^  Confederate  service  for  three  years  or  for  the  war,  may  be  filled 

rA:iy   be  filled  by  by  volunteers  J  and  the  commander  of  each  of  said  squadrons,  battalions 

""i^'J*^*^*^'^'  .  or  regiments,  organized  as  aforesaid,  may  detail  one  commissioned  officer 

vatca'  may "^be  ^de- ^"'^  ^"^  non-commissioncd  officer,  and  one  or  more   privates,  from  each 

t.lled    to    recruit  company  of  his' command,  with  the  approval  of  the  brigadier  general  of 

f  ii-  companies.       the  brigade  to  which  said  squadron,  battalion  or  regiment  may  be  attached, 

to  recruit  men  for  said  company;  so  that  the  same  may  contain  not  more 

Ivosruits    to    be  than  one  hundred  and  twenty-five,  I'ank  and  file  ;  and  the  men  so  recruited 
r.'ir^f    „  "i''    *  f  shall  be  mustered  at  the  time  of  enrolment  and  shall  be  entitled  to  trans- 

t..Ln8  (;J  enrolment.  .  i         i     •  •  r.        i     •  -n     i  •    • 

Transportation  portation  and  subsistence,  or  commutation  oi  subsistence,  till  they  join 
and  subsistence,     thf-ir  respective  companies,  and  to  fifty  dollars  bounty,  to  be  paid  at  the 
''""'^"  time  of  joining  the  same. 

President  may      ^y^o.   4.  The  President  be,  and  he  is  hereby,  authorized  to  appoint  and 

ft]"POuit  and    com-  ••  ijiixc  ,.•,.•  ■  L  j 

«n'.x^loii  persons  as  Commission  persons  as  neld  othcers  or  captains  to  raise  regiments,  squad- 
Celd  officers  or c;ip- rons,  battalions  or  companies,  and  the  individuals  comprising  the  same 
tains  to  r,iise  rogi-  shall  be  mustered  at  the  time  of  enrolment,  and  be  entitled  to  pay,  trans- 
^iouls,  squa'  ron;?,  pQ^tation  and  subsistence,  from  the  date  of  the  organization  of  com- 
Tfacir  pay.         panics;  but  the  officers  so  appointed  by  the  President  shall  not  be  enti- 


PROVISIONAL  CONGRESS.     Sess.  V.     Cn.  47, 48.     1862.  249 

tied  to  any  pay  or  allowance  until   their  respective  commands  be  fully 
organized  and  reported  to  the  Secretary  of  War;  and  said  appointments     When  said  ap 
shall  expire  if  the  officer  appointed  shall  not,  within  a  reasonable  time, '^'^"?^™*^°^^  ^^**' 
not  to  exceed  two  months  for  a  company  and  four  months  for  for  a  bat- 
talion, squadron  or  recriment,  report  the  corps  authorized  to  be  raised  by 
him,  organized  and  ready  for   duty:   Provided,  nevertheless,  That  every     Oflficer  to  receive 
officer  so  commissioned  for  such  purpose,  shall  receive  an  appointment  |^"^°|J.^j'^^'*™j^°^^^ 
proportioned  to  the  force  he  recruits  :  And  provided,  fnrthr.rmore.,  That  form  be  recruit!!. 
no  enlistments   under  the   commission   of  captains  shall   be   obligatory,   Wlicnculistracnts 
unless  the  number  be  sufficient  to  constitute  a  company.  ""''®'"  ^^^  commis- 

Approved  January  22,  18o2.  not  obHgaiory. 


Chai\  XLVir. — An   Act  to    nnthoHze  the  appoinfment  nf  officers  of    ariiUe-y  in  <Ae  January  22,  1862. 
provisional  army  and  in  the  volunteer  coips.  — 

Tlie  Congress  of  the.  Confederate  States  of  Amerua  do  enact,  That  ^^  ^7^['^g  "'  ^  \ 
the  President  be,  and  he  is  hereby,  authorized  to  appoint,  by  and  with  aJ-tiiiery  ab'*^v"iho 
the  advi.s[e]e  and  consent  of  Congress,  in  the  provisional  army,  and  in  the  ranlv  of  Captain, 
volunteer  corps,  officers  of  :irtillery,  above  the  rank  of  captuin,  without'"  <^^«  pro^i-'i'^'nal 
reference  to  the  nujuber  of  batteries  under  the  actual  comms^d  of  tbe  "yiu^^p^"  g^,'"  . 
officers  so  appointed,  not  to  exceed  in  number,  however,  one  Brigadier  ' 

General  for  every  eighty  guns,  one  Colonel  for  every  forty  guns,  one  Lieu- 
tenant Colonel  for  every  twenty-four  guns,  and  one  Major  for  every 
sixteen  guns. 

Approved  January  22,  18G2.  \ 


Chap.  XT.VIIT. — A»  Act  tn  nmoid  an  art,  mlitled  "An  act  to  collect,  for  distn'lution,  J.anuary  23,  1862. 
the  mnniy  rcnainitig  in  the  ficreral  post-offices  of  the  Confederate  Suites,  at  the  time  the  '~ 

postal  serricc   wa^   tnki-n  in   charije   by  said  government,"  approied   August  thirtieth,      18G1,  Aug.  30. 
eighteen  hundred  and  sixiy-i-ne.  •  , 

Ihe  Congress  of  the  Confederate  States  of  America  do  enact, 'Yhii  ^^'^^^^  ^°\.^^^^J^ 
the  time  limited  in  said  acts,  for  presenting  claims  for  postal  service,  be  posta"^serv'ice  ei- 
ex tended  to  the  first  day  of  July,  eighteen  hundred  and  sixty-two.  tended. 

Sec.  2.  Be  it  farther  enacted,  That  the   Postmaster  General  be,  and     ^i"t'*™o^["f'^"^' 
lie  is  hereby,  authorized   to  collect,  either  by  draft  or  collection  orders,  ^^y   o^er   rert"a^n 
all  balances  remaining  in  the  hands  of  postmasters  within  the  Confed- balances    remain- 
erate  States,  and  which  they  had  not  paid  over  at  the  time  the  Confed- '"S »"  *^«  ^'^'^^'^  °^' 
erate   States   took   charge  of  the   postal  service.     And  the  Postmaster  Po^^™"'^'^'"^- 
General  is  hereby  authorized  to  pay  over  the  amounts  so  collected  to  any 
person  having  claims  for  postal  service   rendered  since  the  first  day  of 
June,  eighteen  hundred    and    sixty-one  :    Proridrd,  That  an  accurate     Account  thereof 
account  shall  be  kept  in  the  office  of  the  auditor  of  the  treasury,  for  the  '°  '^^  '^^P'- 
Post-Office   Department,  of   all   sums  collected   under  this   act,  which 
accounts  shall  show   tlie  amount  of  money  collected,   the  person  from 
whom  collected,  and  the  person  to  whom  paid. 

Sec.  3.  Be  it   farther  enacted.  That  whatever  sum   the  Postmaster     Rcinburscment 
General  may  collect  and  pay  over,  under  this  act,  for  postal  service  ""'^  "f  *'^'^  ^'■•^"'"'■J' 
rendered  since  the  first  day  of  June,  eighteen  hundred  and  sixty-one,  p.J*;,'',  „"^°   amount 
hall  be  reimbursed  out  of  any  money  in  the  treasury  to  the  credit  of 


3S0  PROVISIONAL  CONGRESS.    Sess.  V.     Ch.  49.     1862. 

How  the  sum  the  Post-Office  Department ;  and  the  sum  so  reimbursed  shall  be  held  as  a 
reimbursed  ta  b  c  ggp^^^.^^g  ^^([  distinct  fund,  subiect  to  distribution  under  the  act  to  which 
disposed  of.  i  •     •  i  , 

this  IS  an  amendment. 

AprROYED  January  23,  1862. 


January  23,  ]Sfi2.  Chap.  XLIX. — An  Act  fo  amend  ott  ad  mtitled  "  An  act   to  estaUish   a   Paient  Office, 
iind   to  jirovide  for  the  ffyantinr/  and  issue  of  2iatents  for  new  and  lacful  discoveries, 

inventions,  improvetnents   and  desitjns,"  approved    on  the  twenty -first  duy  of  May,  One 

thousand  eif/ht  hundred  and  sixty  one. 

The  49t.h   ^  of      The  Cour/rms  of  tlie    Confederate   States  of  America  do  enact,  That 
the  act  of  May  21,  gg^tion  forty-nine  of  the  above  recited  act  be,  and  the  same  is  hereby, 

1861,  repealed.  ,    ,       -^  '  '' ' 

repealed. 

United  States  Sec.  2.  And  be  it  further  enacted,  That  every  United  States  patent 
fn  fo"cc  '"^°*''^'^®^  that  was  granted  and  issued  to  any  person,  now  a  citizen  of  the  Confed- 
erate States,  or  who  shall  hereafter  become  so  by  the  accession  of  new 
States  or  Territories,  may  be  revived  and  continued  in  full  force  and 
effect  for  the  time  for  which  they  were  originally  issued  yet  unexpired  : 

Troviso.  Provided,  Such  patents  are  recorded  and  a  copy  of  the  drawing  annexed 

thereto  (i?  there  be  a  drawing,  and  if  not,  a  specimen  of  the  compound 
or  other  subject  matter,  as  the  case  may  be)  and  a  model  also,  if  the 
commissioner  shall  deem  it  necessary,  in  the  patent  office  of  the  Confed- 
erate States,  within  six  months  after  the  close  of  the  present  war  with 
the  United  States ;  otherwise  such  patents  shall  remain  null  and  void ; 
and  all  persons  claiming  the  benefit  of  this  section  shall  pay  to  the 
commissioner  of  patents,  for  the  use  of  the  patent  fund,  the  sum  of  ten 
dollars,  and  a  recording  fee,  at  the  rate  of  ten  cents  for  every  hundred 
words  in  such  patent.  That  nothing  contained  in  this  act,  or  that  to 
which  it  is  an  amendment,  shall  be  construed  to  recognize  any  renewal 
or  extension   of  any  patent  granted   by  the  United   States   heretofore 

Further  proviso,  made .  Provided,  however,  That  the  said  patentee  shall  maintain  no  suit 
for  a  violation  of  his  patent,  which  violation  occurred  before  the  filing 
of  a  caveat  and  the  deposit  of  fees  required  for  the  revival  of  said  patent 
in  the  patent  office. 

Assignments  of  Sec.  3.  And  be  it  further  enacted,  That  every  instrument  of  writing 
such  patents  re-  conveying  any  interest,  whether  it  be  the  whole,  a  part,  or  to  a  specified 
portion  of  territory,  in  and  to  a  United  States  patent,  to  any  person  now 
a  citizen  of  the  Confederate  States,  or  who  shall  hereafter  become  so  by 
the  accession  of  new  States  or  Territories,  and  which  was  executed  in 
good  faith,  prior  to  the  seventeenth  day  of  April,  one  thousand  eight 
hundred  and  sixty-one,  shall  be  revived  and  continued  in  full  force  and 
effect  for  the  term  for  which  the  patent,  in  which  an  interest  is  thus 
held  by  a  citizen  of  the  Confederate  States,  was  originally  issued,  yet 

Record  of  as  -  unexpired  :  Provided,  Such  instrument  of  writing  shall  be  recorded  in 
oSwli'  '^1'^°^'^  <^he  patent  office  of  the  Confederate  States,  within  six  months  after  the 
'°^'  °'  close  of  the  present  war  with  the  United  States,  and  the  owner  thereof 
shall  deposit  in  the  said  office  a  descriptive  drawing  of  such  character 
as  the  commissioner  shall  direct,  which  shall  represent  the  invention  or 
subject  matter  of  the  patent  to  which  such  instrument  of  writing  relates, 
or  if  the  invention  be  a  composition  of  matter,  then,  in  that  case,  a  speci- 
men of  the  compound,  with  a  written  description  of  the  method  of  making 
and  using  it,  and  all  persons  claiming  the  benefit  of  this  section  shall 
pay  to  the  commissioner  of  patents,  for  the  use  of  the  patent  fund,  the 


PROVISIONAL  CONGRESS.    Sess.  V.    Cii.  49.     1862.  251 

sum  of  ten  dollars,  and   a  recording  fee,  at   the   rate  of  ten   cents  for 

every  hundred  words  in  such  instrument  of  writing :  Provided,  hoicevcr,     Proviso. 

That  the  commissioner  of  patents  shall  not  admit  to  record  any  such 

instrument,  nor  shall  the  same   be  deemed  valid,  which  has  not  been 

recorded  in  the  United  States  patent  office,  pursuant  to  the  provisions  of 

the  eleventh  section  of  the  act  of  Congress  of  the  fourth  day  of  July, 

one  thousand  eight  hundred  and  thirty-six,  unless  the  assignee  or  owner 

of  such  instrument,  or  his  legal  representative,  shall  make  oath  that  it 

was  actually,  and  in  good  faith,  executed  on  the  day  of  its  date. 

Sec.  4.  And  be  it  further  enacted,  That  it  shall  be  .the  duty  of  the     Endorsement  on 
commissioner  to  endorse   on   each   patent  and   instrument   of  ^'"^ing,  ^j^^^^^^^g" 
assigning  interests  in  the   United   States   patents   as   aforesaid,  filed  for' 
record  under  the  foregoing  sections,  the  date  of  such  filing,  and  also  a 
certifi^-ate  under  the  seal  of  his  office  that  said  patent,  or  instrument  of 
writing,  has  been   recorded,  which   certificate  shall  be  evidence  of  the 
fact  in  any  court  of  justice  of  the  Confederate  States,  and  of  the  right 
of  the  owner  thereof  to  use  and   enjoy  the  same,  and  such  patents  and 
instruments  of  of  writing,  after  they  are  recorded  and  certified,  shall  be 
returned  to  the  owners  thereof. 

Skc.  5.  And  be  it  further  enacted,  That  if  any  such  patent,  or  deed     Affidavit   re- 
of  assignment,  as  is  herein  provided  for  be  lost,  or  cannot  be  procured  ?"'"'i.  J!!';"^,^^!!! 
from  the  patent  office  of  the  United  States  the  person  entitled  to  the  jg  lost  or  cannot 
same,  in  whole  or  in  part,  or  his  legal  representative,  may  file  for  record,  bo  procured  from 
with  the  commissioner,  an  affidavit  made  before  any  justice  of  the  peace,  ^^^^^'   ^'  P^^*^"'' 
notary  public,  or  commissioner  of  any  of  the  courts  of  the  Confederate 
States,  setting  forth  a  description  of  the  patent,  the  date  of  the  issu- 
ance, as  nearly  as  possible,  and  the  subject-matter  of  the  patent  and  the 
claim,  and  if  there  be  an  assignment  the  particulars  of  the  same,  which 
affidavit  shall  be  accompanied  by  such   models,  or  descriptive  drawings, 
as  may  be  necessary  to  a  proper  understanding   of  the   invention,  dis- 
covery, or   design   secured   by  said   patent.     And   said   affidavit,  when 
recorded  and  certified  as  aforesaid,  shall  have  the  same  force  and  efi'ect     Its  effects. 
as  the  recording  of  the  original  patent  or  deed  of  assignment  as  herein- 
before provided  :  Provided,  That  the  fact  of  the  granting  and  issuance     Proviso. 
of  any  such  patent  or  deed  of  assignment,  so  alleged  to  be  lost  may  be 
controverted  either  at  law  or  in   equity  by  any  party  interested  :  And 
jjrovided  farther,  That  any  person  desirous  of  availing  himself  of  the     Notice  by  nppli- 
benefits  of  this  act  shall  give  notice  of  his  intention  by  publication  in  the 
newspaper  at  the  seat  of  government  of  the  Confederacy,  authorized  by 
law  to  publish  the   laws  of  Congress,   which  notice  shall  be  published 
weekly  for  four  weeks  from  the  day  of  application,  and  shall  specify  the 
subject-matter  of  the  patent  and  the  purpose  for  which  the  application  is 
to  be  made,  a  copy  of  which  shall  be  filed  in  the  patent  office;  and  for 
the  recording  of  the  affidavit  provided  for  in  this  section,  the  commis-     Commissiorer's 
sioner  shall  be  authorized  to  charge  ten  cents  for  every  hundred  words  affidavit. ^'^'^"'^  '"^ 
therein  contained. 

Sec.  6.  And  he  it  further  enacted.  That  no  citizen  of  the  Confederate  Taking  out  pa- 
States,  nor  alien,  unless  he  be  a  citizen  of  the  United  States,  shall  t*'^  J  in  foreign 
1      ,  ,         ,  n       '        .   .  i     i   n  •         ^-  T  country  not  to  de- 

be  debarred  irom  receiving  a  patent  lor  any  invention  or  discovery,  as  i,  (^ ,.   citizens    or 

provided  in  the  act  approved  on  the  twenty-first  day  of  May,  one  thou-  aliens. 

saud  eight  hundred  and  sixty-one,  to  which  this  is  additional,  by  reason 

of  the  same  having  been  patented  in  a  foreign  country  more  than  six 

months  prior  to  his  application  :  Provided,  That  the  same  shall  not  have     Proviso. 

been  introduced  into  public  and   common  use  in  the  Confederate  States 

prior  to  the  application   for  such   patent :  And  provided,  also,  That  in     Limitati  o  n  o  f 

all  cases  every  such  patent  shall  be  limited  to  the  term  of  fourteen  years  term. 

from  the  date  or  publication  of  such  foreign  patent. 


253  PROVISIONAL  CONGRESS.    Sess.  V.    Ch.  50,  51,52.   1862. 

Commencement      Sec.  7.  And  be  it  further  enacted,  That  this  act  shall  take  effect  and 
"  *^''  be  in  force  from  and  after  its  passage. 

Approved  January  23,  1862. 


JaT.uarv  23    18G2.  Chap.  L. — An  At  to  autJmrhc  the  Pri^sl'icnt  to  call  upon  the  several  States  for  tro'ips  to 
serve  fur  three  years  or  diirimj  the  war. 

First  g  of  the  act  The  CuugrcRS  of  the  Conffderatc  Statea  of  America  do  enact,  That 
moaJfie'l''  ^'  ^'^^''t^e  first  section  of  the  act  of  March  sixth,  eighteen  hundred  and  sixty- 

Pre-'ident   a  u  -  One,  be,  and  is  hereby,  so  modified  as  to  authorize  the  President  to  call 

thorized  to   call  upon  the  several  States,  in  his  discretion,  for  any  number  of  troops,  not 

upon  the   several  g^^-geeding,  in  the  aggregate,  the  number  heretofore  authorized,  to  serve 
btates  for    troops.  „        ,        '^  -,     ,    '^'^     "  ,      .  ,  ' 

for  the  term  or  three  years  or  during  the  war. 

Nuraher  of  troops      Sec.  2.  In   making  such  requisitions,  the  President  shall   take   into 

irom  e.ich  Stale,     consideration  the  number  of  troops  from  each  State  already  enlisted  for 

the  w  ir  at  the  time  of  the   requisition,  and  shall,  as  far  as  practicable, 

Equalizing    o  f  equalize  the  same  amongst  the  States  according  to  their  respective  white 

^J^*/''"P^*''='"^'- populations, 
mg  to  white  popu-  "   i 

lation.  Approved,  January  23,  1862. 


Jan.  23,  1862.  Chap.  LI. — An  Act  to  increase  the  clerical  force  of  the  Post-Office  Department. 

Perm  n     t   1  "^^^  Congress  of  the    Confeditrate    States    of  America  do  enact,  That 

ical  force  of  the  there  shall  be  added  to  the  permanent  clerical  force  of  the  Post-Office 
Post-Offiee  Depart-  Department  five  clerks,  each  of  whom  shall  receive  a  salary  of  twelve 
ment  increased  hundred  dollars  per  year,  and  five  clerks,  at  a  salary  of  one  thousand 
additioual  clerks,   dollars  each  per  year. 

Appointment  of      Sec.  2.  That  fifteen  additional  clerks  may  be  appointed,  in  the  office 

additional  clerks  In  of  the  Auditor  of  the  Treasury,  for  the  Post-Office  Department,  five  of 

A  j-^^"^*^  i*^  ^}^^  whom  shall  receive  a  salary  of  twelve  hundred  dollars  each  per  year,  and 
Auditor    of    the,  ,     ,,  .  ,  •;,  ,,  i    i    n  x,  ^ 

Treasury    for  the  ten  shall  receive  a  salary  oi    one  thousand  doilars  per  annum  each  ;  ana 

eaid  Department,   it  may  be  lawful    for  the    Auditor  of  the  Treasury  for  the    Post-Office 
Clerk  to  s  i  g  u  Department  to  appoint  one  of  the  clerks  in  said  office  to  sign  said  Audi- 
Auditor's  name  so  ^Qj.'g  jjamc,  SO  as  to  frank  mail  matter  authorized  by  law  to  be  franked  by 
matter.  said  Auditor;  and  said  clerk  shall  be  subject  to  all  the  pains  and  penal- 

Penalty  for  vio-  ties  for  violating  the  franking  privilege  now  provided  by  law  with  respect 
'dv°il'?"^^™°'''''^*'^  °^^^''  officers  entitled  to  such  privilege. 

Appointment  of      Sec.  3.   Be  it  farther  enacted.  That  the  Postmaster  General  be,  and 

additional  messe  i-  hc  is  hereby,    authorized  to   appoint  one  additional   messenger   for  the 

ger    and  laborers  Post-Office  Department,  at  a  compensation  not  exceeding  five  hundred 

partment."  '  dollars  per  annum,   and  two  additional  laborers,  at   a  compensation  not 

Compensation,    exceeding  one  dollar  and  a  half  per  day. 

Approved  January  23,  1862. 


Jan.  27,  1862.       Chap.  HI. — An  Act  to  appropriate  eiyht  hundred  and  fifh/  thousand  dollars  to  poi/  for 

ordnance,  ordnance  stores  and  equipments. 

Appropriation  to  ^he  Conf/ress  of  the  Confederate  States  of  America  do  enact.  That 
o'rdn.ance's  t'o're^'s  *'^®  ^'•"^  ^^  eight  hundred  and  fifty  thousand  dollars  be,  and  is  hereby, 
and   equipments,  appropriated  for  the  payment  of  ordnance,  ordnance  stores  and  equip- 


PROVISIONAL  CONGRESS.     Sess.  V.      Ch.  53,  54.    1862.  253 

ments,  iucluding  outstanding   bills,  and  to    meet  expenditures   to   the  and  for  defences  of 
first  of  April   uest,   for  the   defences   of  the   Mississippi  river:    to   be  J.^  e^     ^iusi8si^pi 
expended  under  the  direction  of  the  Navy  Department,  according  to  the"'®"^' 
estimate  of  the  Secretary  of  the  Navy  of  the  twelfth  December,  eighteen 
hundred  and  sixty-one. 

Approved  January  27,  1862.  ' 


Chap.  LIII.— .4ii  Act  to  establish  nn  assai/  offirx  at  ?;cit>  Orleans.  Jin.  27,  l<ifi2. 


Tkr.   Conjress  of  the.    Confederate    States  of  America  do  cnaet,  That     Appointment  of 
the  President  is  authorized  "to  appoint  an  assayer  at  New  Orleans,  whose  «8«"jer  atNewOr- 
duty  it  shall  be  to  assay  and  certify  the  fineness  and  value  of  such  gold  '"^"''-    •'^'f  ''"'y- 
and  silver  as  may  he  submitted  to  him  to  be  assayed. 

Sec.  2.  The  said   assayer  shall  execute   a  bond   to  the   Confederate     Kond. 
States,  with  sufficient  sureties,  in  such  sum  as  shall  be  approved  by  the 
Secretary  of  the  Treasury,  to  discharge  the  duties  of  his  office,  and  shall     Oath, 
take  oatii  faithfully  to  discharge  the  same,  and  to  support  the  constitu- 
tion of  the  Confederate  States  ;  whereupon  the  Secretary  of  the  Treasury 
shall  place  in  his  charge   and  subject  to  his  use,  so   much  of  the  "^'"^  ^f'^llg^^'^VJ^-fi^e; 
edifice  at  New  Orleans,  and  of  the  tools  and  implements  therein,  as  the  ^^^^jg^  ^^^ 
said  Secretary  shall  deem  proper  for  Ae  said  office  ;  subject,  however,  to 
be    returned    whenever    it    may    be  deemed    expedient  for  the    general 

purposes  of  the  mint. 

Sec.  r>.  The  whole  expense  of  the  assaying  establishment  s^al^^e   J^^^efray^^^^^^^ 

defrayed  by  the  assayer ;  and  in  order  to  defray  tlie  same  and  to  receive  jng "establishment. 

a  reasonable  compensation  for  his  services,  he  shall  be  entitled  to  retain     Compensation. 

fnmi  all  metals  or  ores  submitted  to  him  for   assay,  such   scignorage  or 

charge  as  will  enable  him  to  receive  an  annual  salary  not  exceeding  three 

thousand  dollars. 

Seo.  4.  It  shall  be  the  duty  of  such  assayer  to  keep  in  good  order  the     To  keep  in  Rood 

rooms  01-  buildings,  tools  and  other  property,  and  to  restore  the  .'^ame  ^^^''^^.^iXV^rV^lxfy. 

the  Confederate  States  in  like  condition  ;  he  shall  hold  his  office  for  two     Tenure  of  office. 

years,  and  may  eriioloy  under  him,  at  such  rates  as  he  may  agree  upon.       May-  employ 

■'      ,  1  j'-    J-     •  rr  1  c*.  w-irknien    and    lu- 

such  workmen  and  interior  oflreers  as  he  may  see  tit.  _        ^.^^j^^,  ^^^^^^_ 

Sec.  5.   The  said  assayer  shall,  from  time  to  time,  as  he  may  be  required     ReprV    of    his 
by  the  Secretary  of  the  Treasury,  m'lke  an   accurate   report  of  all  pro- proceedings, 
ceedings  at  his  office  in  such  form  as  may  be  required  by  the  said  ^^^'^^- y^^^^l\^l[^^'^  H'^ 
tary;  and  he  and  his  officers  and   subordinates  shall,   at  all  times,   be  ,,„),je(,|tp  orders  of 
subject  to  such  orders  and  regulations  as  said  Secretary  may,  from  time  tho    Secretary   of 

X     1-  1  J-        i.  tho  Treasury, 

to  time,  make  or  direct.  ■' 

Approved  January  27,  1802. 


Ch  VP.   LIV. — An  Act  to  atilhnrizn  the  change  of  the  nnmcs  nf  veacls  in  ccrtyin  cases.  j^^.  27,  1862. 


TJw,  Co  11  f/r ess  of  the  Confederate   States  of  America  do  enact,  That    Change  of  names 
it  shall  be  lawful"  for  the  purchaser  of  any  vessel,  sold  under  a  decree  of ''^  vessels, 
court  as  prize  of  war,  to  alter   the  name  thereof,  and  to   bestow  on  the 
pame  such  name  as  he  may  deem  proper;  which   change   of  name  vshall 
be  duly  certified,  on  the  juipers  and  titles  of  such  vessel,  by  the  collector 
of  the  port  where  such  sale  was  made. 

Approved  January  27,  1862. 


254  PROVISIONAL  CONGRESS.      Sess.  V.     Ch.  55,  56.     1862. 

J;in.  27,  1SG2.       Chap.   LV. — An  Act  to  provide  for  recruiting  covipanies    tioic  in  the   service  c-f  the  Cun- 
—  federate  Stales  for  twelve  months. 


Recruiting    of      The  Congrcss  of   the    Confederate  States  of  America  do  evact,  That 
companies  of  vol-  j^jj  companies  of  volunteers,  now  iu  the  service  of  the  Confederate  States 

unteers  now  m  the         ,         ^   -.  4   f.      ^u      i.  x-  x       i  xi,  1  -^    i    l 

service  for  twelve  under  eulistmeut  lor  the  term  ot  twelve  months,  may  be  recruited  by 
mouths.  enlisting,  or  receiving  volunteers  for  three  years  or  the  war,  to  a  number 

not  to  exceed  one  hundred  and  twenty-five,  rank  and  file,  and  companies 
Companies   re-  so  recruited  shall,  at  the  expiration  of  the  term  of  service  of  the  origi- 
cruited  may  elect  jj.^}  company  elect  their  commistuoned  officers;  and  vacancies  thereafter 
their  commissioned  •         •      .1  •     •  i     a  o         1  ••         1     n    i      x?n    i 

officers.  occurring  in  the  commissioned  oihces  of  such   companies,  shall   be  tilled 

Vacancies,  how  by  promotion  of  said  commissioned  officers,  except  that  vacancies  in  the 

*^'''^'^-  lowest  grade  of  such  offices,  shall  be  filled  by  election. 

Officers  and  pri-      Sec.  2.  The  colonel  ov  commanding  officer  of  the  several  regiments^ 

Tm*^^  J^!.L,Mtff!!i^'^ttalions  and  squadrons  enlisted  for  twelve  months  as  aforesaid,  may 
tailed  to  reeruirtor  1     ,  _  ■>         j 

companies.  Enti-  detail  One  commissioned  omcer  and  not  exceeding  two  privates  oi  each 
tied  to  transporta- company,  to  recruit  for  their  respective  companies,  and  the  officers  and 
*'""■  privates  so  detailed,  shall  be  entitled  to  transportation  while  so  engaged^ 

Pav  and  bounty  ^^'^  ^^^^  recruits  SO  enlisted  shall  be  entitled  to  pay,  transportation  and 
ofenUsted recruits,  subsistence  from  tlic  time  and  pla:c  of  enlistment,  together  with  the  sum 
of  fifty  dollars,  as  a  bounty,  upon  joining  their  respective  companies. 

Original  vohin-      gj-p_  3_     rj^he   original    volunteers,   in   such   companies,  re-enlisting, 

toers  may  reenlist  j.         .      ,1        ,  n  .-,  .  .-.i    i    ,,    *  ,  -i-  o        .-l 

in  the   companies  ^^'^o™!'^?  ^0  the  terms  01  the  act   entitled  "An   act  providing  lor  the 
to  be  recruited.       granting  of  bounty  and  furloughs  to  privates  and  non-commissioned  offi- 
cers in  the  provisional  army,  may  re-enlist  in,  and   form  a  part  of  the 
companies  to  be  recruited  as  herein  provided;  and  when  all  the  compa- 
nies composing  the  regiment,   battalion,  or  squadron   as  aforesaid,  shall 
by  recruiting  as  aforesaid,  or  by  re-enlistment  and  recruiting,  as  aforesaid, 
have  attained  at  the  date  of  the  expiration  of  the  term  of  service  of  the 
orig.nal  companies,  the   number  required   by   law   for  a   company,   the 
To  whatjuimber  number  and  designation  of  such  regiment,  battalion,  or  squadron,  may 
companies  may  be  continue,  or  such  of  Said  companies  as  are   complete   at  that  date,  may 
recruited.  reorganize  into  new  regiments,  battalions,  or  squadrons,  or  attach  them- 

selves to  other  regiments,  battalions  or  squadrons ;  and  in  all  such  cases- 
the  field  officers  shall  be  elected,  and  vacancies  thereafter  occurring  in 
such  field  offices  shall  be  filled  by  promotion,  as  directed  by  the  act  afore- 
said. 

Sec.  4.   Companies  organized  by  re-enlisted  twelve  months  volunteers, 

under  the  act  aforesaid,  may  be  recruited  to  the  number  of  one  hundred 

and  twenty-five,  in  the  manner  prescribed  in  the   second  section  of  this 

act. 

When  tha  recruit-      Sec.  5.  Whei'c,  at  the  date  of  the  expiration  of  the  term  of  service 

<>1  men  of  one  com-  gf  ^]^q  original  company,  the  number  of  recruits  and  enlisted  men  may 

i.:iny  may  combine        ,  ^  >      .1.         •    •  1  •       1  />  •  -i  -i.   j 

with  therccruits  of  ^'^^  amount  to  the  minimum  number  required  tor  a  company,  the  reerui tea 
other  companies  so  men  may  combine  with  recruits  of  other  companies  in  like  situation,  so 
:!s  to  form  com- as  to  form  complete  companies;  and  in  default  of  such  combinations,  the 
^  Vhe'n" recruits  ^^^'^  recruits  may  be  assigned  or  distributed  to  other  companies,  from  the 
may  be  assigned  to  State  in  wliich  such  rccruits  were  enlisted, 
-ther  companies.         ggc.  G.  The  Secretary  of  War  shall  make  all  needful   rules,  to   carrT 

liulea   to    carry  •    l       £c     t.  i.i      x>  •  •   ■ 

this  act  into  effect.  ^"^0  oftect  the  foregoing  provisions. 

Approved  January  27,  1862. 


•Tan.  27,  18C3.  Chap.  LVI  —An  Act  for  th,-.  reli'-f  of  the  Stale  of  .Visiour-i. 

Advancement  of       ^hr  Congress  of  the    Confede)-'hte    States  of  America  do  enact,  That 
$1,000,000 in  Trea-  the  Secretary  of  the  Treasury  is  hereby  directed  to  issue  to  the  State  of 


PROVISIONAL  CONGRESS.      Sess.  V.    Ch.  57,  53.     1862.  255 

Missouri,  upon  the  application  of  the  fund  commissioners  for  said  State,  sury  notes  to  tbo 
one  million  dollars  in  treasury  notes,  upon  the  condition  that  the  said  State  of  Missouri. 
State  of  Missouri  deposit  with  the  Secretary  of  the  Treasury  of  the 
Confederate  States  an  equal  sum  in  the  bonds  of  the  State  of  Missouri, 
authorized  to  be  issued  under  an  act  of  the  Legislature  of  said  State, 
entitled  "  An  act  to  provide  for  the  defence  of  said  State,  and  for  other 
purposes,"  which  bonds  shall  be  held  by  the  Secretary  of  the  Treasury 
until  the  accounts  of  the  State  of  Missouri  for  advances  made  for  mili- 
tary purposes  are  adjusted  as  Congress  may  direct. 

Sec.  2.  That  upon  the  final  adjustment  of  the  accounts  of  the  State  ^^^^^'Jj^^^^^^^J'^D'^^to 
of  Missouri  against  the  Confederate  States,  the  sum  hereby  advanced  ,,nj,,„„t  j^^,^,„j^jj„q 
shall  be  deducted  from  the  amount  found  due  to  said  State.  .<aid  State  on  settk- 

Sec.  3.  The  sum  hereby  appropriated  shall  be  applied  by  the  State  of  ™*:"*^''- 
Missouri  to  the  payment  of  troops  in  the  service  of  the  said  State  prior  to  ,,1,^.^.'*^    "     °  ^^ 
their  muster  into  the  Confederate  service. 

ArpROVED  January  27,  1862. 


Chap.  LVIT. — An  Act  to  amend  an  act  snpplemental  to  an   net  to  cutnhliiih  the  judicial      Jim.  29,  1862. 

courti  of  the  Confederate  Stales  of  America,  ajjj^roved  May   twin'y-fir/it,  eighteen  hun- 

dred  and  sixly-onc. 

The  Congress  of  the  Confederate  States  of  America  do^cnact,  That  ^^^^^'^J^.?  "['^gJi* 
the  first  section  of  the  above  entitled   act  be,  and  the  same  is  hereby,  rciieuiud.    ' 
repealed  ;  and  to  the  end  that  the  causes  mentioned  in  said  first  section 
of  the  act  to  which  this  act  is  an  amendment,  may  be  brought  to   trial 

without  unnecessary  expense  and  delay,  it  shall  be  lawful  for  the  iudges  .  .'^"^S*^^  ^      '■°" 
,,     ,  IT-  •  1  -1  11  -1      trict  courts   m  a  V 

or  the  several  district  courts  to  interchange  with  each  otlicr  temporarily,  interchange    witb 
and  the  judge,  whose  interest  in,  or  connection   with,  the   causes  afore- each  other  tempo- 
said,  pending  in  the  district  court  in  whioh   he   presides,   renders  him  r"""!'.^- 
incompetent  to  try  such  causes,  shall  request  such  interchange  with  the 
judge  of  an  adjoining  district,  and  the  judge  so  requested  shall,  without 
delay,  enter  upon  such  interchange;  and  the  acts  and  decisions  of  judges     Decision  a   of 
so  presiding  by  interchange  with  each  other  shall  be  as  valid  as  if  doneJ"*^°'^^'    rr°°J*^'"S 
and  performed  in  the  districts  for  which  they  were  severally  appointed,  change    made 

Sec.  2.  The  judges  so  presiding  by  interchange,   as   aforesaid,  shall  valid, 
cause  it  to  be  entered  on  the  records  of  the  courts  in  which  they  so  pre-     Interchanges  to 
.side,  that  such  interchange  has  been  made  according  to  this  act.  records  of  the 

Approved  January  29,  1862.  *=""^'«- 


Chap.  LXVIII. — An  Act  to  amend  an  act  entitled  'Mil  net  to  provide  for  tJie public  Janxisirj  29,  1SC2. 
defence,"  aj)proved  March  sixth,  eighteen  hundred  and  sixty-one.  ■ 

The   Conr/i-ess  of   the   Confederate  States  of  America  do  enact,    That     Act  of  March  C, 

llie  act  entitled  ''  An  act  to*  provide  for  the"  public  defence,"  approved  18«1-  limiiing  the 

.      .      ,.       ,         .    ,  ^  ,         '      -  ,      .  ^         ,  11  •    term  for  which  the 

sixth   March,   eighteen   hundred   and   sixty-one,    be,   and   the   same   is  j^nitia    ^ay   be 

hereby,  so  amended  that  the  provisions  of  the  second  section  of  said  called  into  service, 
act,  limiting  the  term  for  which  the  militia  may  be  called  into  service,  ""'  '^"  fffflf  l\^ 
to  a  period  not  exceeding  .six  months,  shall  not  apply  to  men  drafted  states  and  furn- 
into  service  by  the  several  States,  and  furnished  by  said  States  to  the  ished  to  the  Prosi- 
President,  for  service  for  three  years  or  during  the  war,  in  response  to  '^^'^^  ^^  ^'^  rcqui- 
requisitions  made  upon  said  States  according  to  law. 
Approved  January  29,  1862. 


256  PROVISIONAL  CONGRESS.  Sess.  V.  Ch.  59,60,61,62.   1862. 

January  29,  1802.  Chap.   LIX. — An  At:t  to  aid  the  Siata  of  Kentucky,  and  for  other  jmrpones. 

Appropriation      The   Congress  of   the   Confedero.te  States  of  America   do  enact,    That 

for  raiKin<i  and  or-  ^jjg  Secretary  of  the  Treasury  is  hereby  directed  to  issue  to  the  State  of 

K*entuckv;md'sup°  Kentucky,  upon   the   application  of  the   Governor  and   Council  of  the 

plying  snn\e  wi^h  Provisional  (jovernmeut  of  said  State,  the  sum  of  two  millions  of  dollars 

cioihiug,  &c.  JQ  Treasuary  notes,  to  be  expended   by  said   Governor  and   Council  in 

raising  and  organizing,  for  the  Confederate  service,  troops 'in  said  State, 

supplying  the  same  with  clothing,  subsistence,  transportation,  arms  and 

ammunition. 

'    Governor  to      Sec.  2.  The  sum  appropriated  by  the  first  section  of  this  act  is  to  be 

fbre  m'^ito- re 'id-  ^^^^^  ^^''^^  *^"  Treasury  of  the  Confederate  States,  by  the  Governor  of 

sitioDs  upon  t  li  e  ^^'^^^^^^J' ^^^^  ^'^^  approval  of  the  President  of  the  Confederate  States, 

treasury.  from  time  to  time,  and  in  such  sums  as  the  Governor  of  Kentucky  may 

need  to  carry  out  the  objects  of  this  appropriation,  the  Governor  filing, 

before  making  his  requisitions  upon  the  Treasury,  with  the  Secretary  of 

War,  estimates  showing  the  purposes   and   objects   to  which   said  sums 

of  money  are  to  be  applied. 

Approved  January  29, 1862 


January  .TO,  18G2.  Chap.  LX. — An  Act    to    trann/er  funds  from     the    QtiartermaHter' s    to    the    Ordnance 
■  Department. 

Transfer  of  fu ■  ds       The    Congress   of    the   Confederate   States  of  America  do  enact.    That 

from  the  Quarter-  three  millions  of  dollars  of  the  sum   heretofore  appropriated  to  the  ser- 

Oninaiice  Dcpurt-  ^'^^^  '^^  *^^^  Quartermaster's  Department  and  yet~unemployed  be,  and  the 

ment.  same    is    hereby,   transferred   and   appropriated   to   the   service   of   the 

Ordnance  Department. 

yVpPROVED  January  30,  1802. 


February  3,  1802.  Chap.   LXI. —    n  Act  to  exp/^in  an  art  entitled  '' An  act  to  amend  an  act  entitled  'An 
■ act  1 1  establish  a  I'nt'jnt  Office.,  and  to procide  for  the  grantinij  n^d  issue  of  paUiils  for 

new  and  ii  ejul  discoveries,   inventions,  improvements    and    dcsiyns,' "    iipproccd    May 

twenty-first,  eighteen  huadred  and  sixty-one. 

How  act  of  May       The.   Congress  of  the  Confederate   States  fjf  America  do  enact,  That 

21,  1861,  in  rela-  fchg  act  pas.sed  by  the  Congress,  entitled  "  An  act  to  amend  an  act  entitled 

tents  to    be  "ccii-  ^"  ''^'^^  ^^^  establish  a  Patent  Office,  and  to  provide  for  thegrauting  and  issue 

Btrued.  patents,  for  new  and    useful    discoveries,  inventions,  improvements    and 

designs,"  approved  May  twenty-first,  eighteeu  hundred  and  sixty-one,  be 

construed   and   understood   as  if  the  words  "be  deposited  "  occurred  in 

the  eighteenth  line  of  the  enrolled   act,  the  title  whereof  is  given  and 

set  forth  fully  in  this  act;  the  said  words  "  be  deposited,"  to  be  placed 

and  read  next  after  the  word  "  necessary"  in  said  line. 

Approved  February  8,  1862.  , 


February  3,  1862.  Chap.  LXII. — An  Act  suppilemental  to  an  act  entitled  "An  act  providing  for  the  grant- 

• r      '",7  "/  bounty  and  furloughs  to  privates  and  non-comminaioned  officers  in  the  provisional 

army. 

Bounty  and  fur-       The  Congress  of  the    Confederate   States  of  America  do  enact,  That 
ongQ  a  owe    toj^j^g  provisions  of  the  above  entitled  act,  so  far  as  the  same  are  applica- 


PROVISIONAL  CONGRESS.     Sess.  V.     Ch.  C3,  64.     1862.  267 

ble  to  re-enlistment  of  twelve  months  volunteers,  be,  and  the  same  are  State   troops  whe. 
hereby,  extended  to  troops  now  in  the  service  of  any  State  for  a  term  ^"^^^.^.^f ^j.  [^^  ^  g 
not  less  than  three  months,  who  may  re-enlist  in  the  service  of  the  Con- 
federate States,  according  to  provisions  of  said  act,  for  a  term  which, 
added  to  their  present  term  of  service,  may  amount  to  three  years. 
Approved  February  3,  1862. 


GnAl".   LXiri. — An  Act  to  nulhorizp  certain  financial  arrangcmenfa.  at  (he  Treatury.       February  3,   1S62 

Whereas,  by  the  act  entitled  "  An  act  supplementary  to  an  act  to  Preamble, 
authorize  the  issue  (if  treasury  notes,  and  to  provide  a  war  tax  for^ 
their  redemption,"  approved  December  twenty-fourth,  eighteen  hun- 
dred and  sixty-one,  treasury  notes  to  an  amount  not  exceeding  thirty 
millions  of  dollars  were  authorized  to  be  converted  into  bonds  bearing 
interest  at  the  rate  of  six  per  cent,  per  annum,  which  bonds  should, 
at  the  option  of  the  holders  be  re-convert *'[a]ble  into  treasury  notes;  but 
no  appropriation  of  treasury  notes  to  be  exchanged  for  said  bonds,  was 
made  ;  Now, 

The  Conr/rcss  of  the  Confrdrrafe  States  of  AmpHca  do  ena'-t,  That  Treasury  noteo., 
any  treasury  notes  in  the  treasury,  not  otherwise  appropriated,  ^'''(^  ^^,;.^^iary  ^,i  irciit' 
hereby  appropriated  and  may  be  applied  by  the  Secretary  of  the  Treasury  gury  to  redomption 
to  the  redemption  of  the  said  bonds.  ofconain  bond.«. 

Skc.  2.   And  br  it  further  enacted,   That  for  the  purpose  of  providing     Appropriation 
such  coin  as  may  be  rcquireil  for  the  use  of  the  government,  the  sum  oi'j^J'J^^ygj.^^^l'J^^j^' 
two  millions  of  dollars  is  hereby  appropriated,  to  be  drawn  and  applied  by 
the  Secretary  of  the  Treasury  from  time  to  time,  as  the  public  exigencies 
may  re<(uire, 

Approved  February  8,  1802. 


Chap.  LXtV. — An  Art  mtktn;/ nppro/in'dli  ins  for  the  payment  of  certain  intcreat  due, 'Fehril&ry  .",    1862. 

Bcperalif,  t't  th"  It  I  iki  at  .]f>-m/iln<  mi  adfiancH  made  by  them  to  Maj  >r  General  Leant- 

das  Polh,fi)r  the  benefit  nf  tht  public  "crvirc. 

Wherea.s,  it  appears  from  the  communication  of  the  President  of  the  Preamble. 
Confederate  States  of  America,  of  the  eleventh  of  January,  eighteen 
hundred  and  sixty-two,  that  the  following  sums  are  respectively  due 
to  certain  banks  in  the  city  of  Memphis,  Tennessee,  for  interest  due 
on  certain  moneys  by  them  advanced  to  JMajor  General  Leonidas  Polk, 
for  the  interest  of  the  public  service,  viz  :  IJank  of  West  Tennessee, 
two  thousand  seven  hundred  and  sixty  dollars  and  ninety-four  cents; 
Bank  of  Memphis,  one  thousand  fifty  dollars  ;  l^ranch  of  Union  Bank, 
one  thousand  three  hundred  dollars  and  sixty-six  cents;  Branch  of  State 
Bank,  six  hundred  and  sixty-four  dollars;  and  Planters  Bank,  six 
hundred  and  ninety  dollars  and  eighty-three  cents,  amounting  in  the 
aggregate  to  the  sum  of  six  thousand  four  hundred  and  sixty-six  and 
forty-three  one  hundredths  dollars,  the  account  of  which,  as  being  due 
to  said  banks,  respectively,  as  above  set  forth,  is  approved  by  ^Injor 
General  Leonidas  Polk,  and  its  payment  recommended  by  himself  and 
the  Secretary  of  War  ;  Therefore, 
The   Confjrctix  of   the   Confederate  States    of   America  do  enact.    That     Appropr'ation  to 

there  be  appropriated   out  of  any  money  in  the  Treasury,  not  otherwise  f^c  banks  at  Mea.^ 

appropriated,  for  the  year  ending  on  the  eighteenth  day  of  Februarj',  phis. 

eighteen  hundred  and  sixty-two,  the  sura  of  six  thousand  four  huu- 

17 


25S  PROYISIONAL  CONGRESS.  Sess.  V.  Ch.  65,66,67.   1862. 

dred  and  sixty-six  and  forty-three  one  hundredths  dollars  5  -which  said 
sum  shall  be  distributed  by  the  Secretary  of  the  Treasury  amongst  said 
several  banks,  respectively,  in  accordance  with  the  amounts  so  shown  to 
be  due  to  them  by  the  foregoing  statement. 
Approved  February  3,  1862. 


F^'b:-aary  3,  16C2.  Chat.  LXV. — An  Act  8ii])plemaitari/  to  on  act  entitled  ''  An  act  to  amend  an  act  entitled 

_       (  ^,j  (f(.f  fQ  raise  an  additional  force  to  serve  dxiring  the  war,  and  for  other  jnirposes,'" 

c}>2}roved  May  eighth,  eighteen  hundred  and  sixty-one.* 

Act  of  January  The  Congress  of  the  Confederate  States  of  Amcriea  do  enact,  That 
22,  lsC2,  ch.  46,  §  ^YiQ  second  section  of  the  above  recited  act,  requiring  the  election  of 
ei^Aioa  of  field  field  and  company  officers  by  regiments  and  companies,  shall  not  apply 
and  company  ofii-  to  companies,  battalions  and  regiments  raised  under  the  fourth  section 
cer^^by  i-eginaenteQf  gjjjj  j^g^  .   |jut  the  officers  appointed  by  the  President  to  raise  sucli 

K o  t' to^"ap^)W '\o  ^°^^^P^^^^^''*' ^''^'^^''^^^^'^^ ''^"'^^  regiments  shall  be  the  officers  of  the  same; 
cow'.panies,  &  c . ,  and  tlic  Commissions  of  such  officers  granted  by  the  President,  shall^ 
rui-ixi  under  ?  4  of  .j^j^gQ  their  respective  commands  are  fully  organized,  be  absolute. 

Approved  February  3,  1862. 


Feoraary  6,  18C2.  Chap.  LXVI. —  An  Act  to  amend  the  act  entitled  "An  act  to  amend  an  act  to  provide 

•       for  the  organisation   of  the   navy,   approved   March  sixteenth,   eighteen    hundred   and 

sixty-one,"    approved    May   tueutieth,   eighteen  hundred  and  sixty-one;    and    an    act 
entitled  "  An  act  to  authorize  the  President  to  confer  temporary  rank  an  I  command  on 
*  officers  of  the  navy  doing  dniy  with,  tro'qis,"  approved  December  twenty-fourth,  eighteen 

hundred  and  sixty-one. 

Ac'j?  of   March       The   Congress  of   the   Confederate  States  of   America  do  enact.,    That 

20,  and  Dbo,   21,  jj^g  second  section  of  an  act  entitled  "  An  act  to  amend  an  act  to  provide 

g^.  1)  inoludo  offi- f<^i' the  organization  of  the  navy,  approved   March  sixteenth,  eighteen 

cera  of  the  caariue  hundred  and  sixty-one,"  approved  May  tvt'eutieth,  eighteen  hundred  and 

**^***^*  sixty-one,  and  the  act  entitled  "  An  act  to  authorize  the  President  to 

coui'er  temporary  rank  and  command  on  officers  of  the  navy  doing  duty 

with  troops,"  approved  December  twenty-fourth,  eighteen  hundred  and 

sixty-one,  be  so  amended  as  to  include  officers  of  the  marine  corps. 

Approved  February  5,  18G2. 


Feiv.-Jary  10,  7iB62.  Chat.  LXVII. — An  Act  to  provide  for  connecting  the  Richmond  and   Danville  and  the 
- North    Carolina  Railroads,  for  military  purp)oses. 

C: -.caction    o  f      2'he  Conc/rcss  of   the   Confederate  States  of  America  do  enact..    That 
th.;  Kiohmoad  and  jj^^g  President  be,  and  he  is  hereby,  authorized  and   empowered  to  con- 

Danville  wita  the  ,    '  ,  j-.-  r  i.i  •    i  •  i.\. 

K  or  til   Carolina  tract,  upon  puch  terms  and  conditions  as  he  may  think  proper,  with  any 

xa;>ro;i«la  for  aiili-  company  Or  companies  which   have   been,  or  may  be,  incorporated  and 
tary  pu;poa<  8.        organized  for  the  purpose  of  building  and  working  a  railroad,  or  rail- 
roads, so  as  to  connect  the   Richmond   and   Danville   Railroad  with  the 
North  Carolina  Railroad,  at  such  points  as  he  may  deem   most  advan- 
tageous to  the  government,  or  to  adopt  such  other  course  for  building  or 

*Tho  title  of  the  act  referred  to  in  the  title  to  the  above  act  is  not  correctly  set  forth. 
The  act  referred  to  was  approyed  January  22,  1862.     See  Acta,  chap.  XLVI. 


PROVISIONAL  CONGRESS.    Sess.  V.     Cii.  68.    1862.  259 

working,  or  having  the  said  railroad  built  and  worked,  fo  as  to  efiFect  the 
said  connection  in  the  manner  he  may  think  will  best  promot-e  the  public 
interest.  t 

SkC.  2.  Jjf   if  further    enacted.    That,   to    enable    the    President    to     Appropriation 
accomplish  the  object  contemplated  by  this  act.  the  sura  of  one  million '^"'^  ^^'*  1^"'"P''^«- 
of  dollars,  in  bonds  of  the  Confederate  States,  are  hereby  appropriated, 
to  be  issued  and  applied,  by  the  order  of  the  President,  at  such  times 
and  in  such  sums  as  he  may  deem  proper. 

Approved  February  10,  18G2. 


Chap.  LXVIII.— .!«  Art  to  orgnnhc  the  clciioal  force  of  the  Trtusury  Dcpartmcyii.      February  13,  1662. 

The   Congress  of  the   Confederate  States   of  America  do  enact,    That  „  ^'■?-^°?'«'i7  of 

.10  L   '         o  A       rr\  1  1  1      •     1    *     1  1-1  .       t'lf   cloncal    fore? 

the  becretary  ot  the  Ireasury  be,  and  he  is  hereby,  authorized  to  appoint-  n   tbe   Treasury 

in  the  pcveral   bureaus  of  his  department,  the  fullowing  clerks:  In  the  l^^rartment. 

bureau  of  the  Secretary,  one  chief  clerk,  four  clerks  and  one  raessentrer.  ^  l'"'*'''"  "'  ^^^ 

In  the  bureau  of  the  comptroller,  one  chief  clerk,  twenty  clerks  and  one     Of  comVtroller; 

messenger.     In  the  bureau  of  the  treasurer,  one  chief  clerks,  ten  clerks,     OfTroaHurcr; 

one   messenger  and   one   assistant   messenger ;   and   subordinate  to  the 

treasurer  in  the  issue  of  treasury  notes,  one  principal   clerk,  ten    clerks 

for  signing,  and   ten   clerks  for   numbering,  and   as   many  cutters  and 

trimmers  as  the  public  service  may  require,  not  exceeding  ten  in  number. 

In   the  bureau  of  the   register,  one  chief  clerk,  eight  clerks  and  one     Of  Register ; 

mes.senger ;  and  subordinate  to  the  register   in   the  management  of  the 

produce  loan,  one  principal  clerk  and  two  clerks;  and   tor  the  issue  of 

bonds  and  stock  and  for  signing  coupons,  one  principal  clerk  and  five 

clerks,  and  for  the  signing  of  treasury  notes  and  issuing  the  same,  ten 

clerks.     In   the  bureau  of  the  first  auditor,  one   chief  clerk  and   one    Of  First  Auditor; 

principal  clerk,  and  forty-five  clerks,  and  one  messenger  and  assistant. 

In  the  bureau  of  the  second  auditor,  one  chief  clerk,  forty  clerks  and     Of  2d  Auditor; 

one  messenger.     In  tlie  bureau  of  the  war  ta.\,  one  chief  clerk  and  three     Of  War  Tax; 

clerks. 

Sec.  2.  The  Secretary  of  the  Treasury  may  employ  any  clerk  on  trial     Clerkf!   may  be 
before  his  appointment  for  a  term  not  exceedin";  two  months ;  and  any 't!"'^'";^'^'^","  V"^'' 

,,,,,/'  n       ^  T      n  1  f  ,'  , -^  Tninplerahli;  from 

clerk,  snail  be  transterable  irom  any  bureau  or  duty  to  any  other,  at  the  ouo  bureau  to  an- 
discretion  of  the  .said  Secretary,  and  they  shall   all   be   subject  to  such  other.    Subjeot  to 
rules  and  regulations  a.s  shall  bo  established  by  the  Secretary,  or  by  the  '''^'"^' 
head  of  each  bureau  respectively. 

Sko.  8.  The  salaries  of  the  said  clerks  shall  be  at  the  following  rates   Salaries  of  clerks. 
per  annum,  and  may  be  paid  to  them  monthly,  or  at  such  other  period 
'■ds  may  be  deemed  proper  by  the  Secretary  of  the   Treasury;  the  chief 
clerks  fifteen  hundred   dollars ;  the  principal   clerks  fourteen   hundred 
dollars ;  the  other  clerks  shall  be  divided  into  two  grades,  of  whom  not 
mure  than  one  half  shall  receive  salaries  of  twelve  hundred  dollars  each, 
and  the  remaider,  one  thousand  dollars  each.    The  cutters  and  trimmers,  if     Cnn  o  r  s    and 
females,  shall  receive  salaries  at  the  rate  of  six  hundred  dollars  for  the  *'"''"'^"' 
chief  and  five  hundred  dollars  fur  the  rest;  and  if  males,  shall  receive  the 
salary  of  the  lower  grade  of  clerks.     The  messengers  shall   receive  a    Anl  mcssongors. 
halary  not  to   exceed   five  hundred  dollars.     One  of  the  clerks  may  bo    Di.-fbur.Mng clerk: 
appointed  disbursing  clerk,  and  for  his  services  as  such,  shall  receive  an  Ai'iiiicnal   salary 
additional  salary  of  two  hundred  dollars.  ^  °"'^"'    ^^' 

Approved  February  13,  18G2. 


260  PROVISIONAL  CONGRESS.  Sess.  V.  Ch.  69,  70,  71.   1862. 

February  13, 1862.  Chap.  LXIX. — An  Act  to   transfer  the   county  of  Attain,  in   the  State   of  3fi»sis^ipp'^ 
from  the  Northern  to  the  Southern  Judicial  District  of  the  State  of  llissiesijiyi. 

Attala    county,       The  Congress   of  the    Confederate   States   of  America    do    enart^  That 
Missi.sippi.to form  jjjg  ^o^"*!  ^^  Attala,  in  the   State  of  Mississippi,  shall  hereafter  form 
ern  Judicial  Dis- a  part  of  the  Southern  Judicial  District  of  said   State,  instead  of  the 
uict  of  said  State.  >i[orthern    District  as    heretofore,   and    shall    be    within    the   jurisdic- 
tion of  the  courts  of  the   Confederate   States  of  America,  held  within 
and  for  said  Southern  District. 
Approved,  February  13,  1862. 


Feb.  13,  18fi2.       Chap.   LXX. — An  Act  to  pay  interest  due  the  Choctaw  nation  upon  stocks  of  the  State  of 

Virginia. 

Appropriation  to       The  Congrci^s  of  the    Confederate   States  of  America  do  enact,  That 

^h^ch^^^t^^^^  -l"^  there  be,  and  is  hereby,  appropriated  for  interest  from  January  the  first, 

upon  .stocks  of  the  eighteen  hundred  and  sixty-one,  to  January  the  first,  eighteen  hundred 

gta;e  of  Virginia,  and  sixty-two,  on  four  hundred  and  fitty  thousand  dollars  of  the  stock  of 

the  State  of  Virginia,  included  in  (!huctaw  general  fund,  held  in  trust 

by  Secretary  of  the  Interior  of  the  United    States,   which    interest   has 

been  transferred  by  said  State  to  Government  of  the  Confederate  States, 

to  be  paid  over  to  Choctaw  nation  of  Indians,  or  persons  empowered  by 

such  nation  to  receive  it,  twentj'^-seven  thousand  dollars. 

Approved  February  13,  1802. 


Feb    15    1862        Chap.  LXXI. — A71  Act  to  alter  and  amend  an  act  entitled  "  An  art  for  the  sequestration 

of  the  estates,  property  and    effects  of  alien    enemies,  and  for    indnnnity  of  citizens  if 

the  Confederate  States,  and  persons  aiding  the  same  in  the  erisii')t(j  ivarivith  the  United 
States,"  approved  .-ivyust  tJiirtieth,  eiyhleen  liundred  and  sixiy-onc. 

Property  em-  The  Congress  of  the  Confederate  States  of  America  do  enact,  That 
braced  in  the  for-  ^\\  a^f}  every  the  lands,  tenements  and  hereditaments,  goods  and  chattels, 
TcTtif  bT^old'^and  i"ig^^^  ^11*^  Credits,  and  every  right  and  interest  therein  embraced  by 
money  paid  into  Said  act  of  sequestration,  of  which  this  act  is  an  alteration'  and  amend- 
the  tre:!sury.  ment,  shall  be  collected  and  sold,  as  provided   for   in   this   act,  and  the 

Cho=es  in  action  proceeds  paid  into  the  Treasury  uf  the  Confederate  States  5  but  in  no 
not  to  be  sold.        pr^gg  gj^all  a  debt,  or  other  chose  in  action,  be  sold. 

TT  Sec.  2.  Beit  further  enacted,  That  all  money  realized  under  this  act, 

Alow      TTl  OUGVS  '  ** 

realized  to  bo  ap-  and  the  act  to  which  it  is  an  amendment,  shall  be  applied  to  the  equal 

plied.  indemnity  of  all   persons,   loyal   citizens   of  the   Confederate   States,  or 

persons  aiding  the  same  in  the  present  war,  who  have  sufi["ered,  or  may. 
hereafter  sufler,  loss  or  damage  by  confiscation,  by  the  Government  of  the 
United  States,  or  by  any  State  government,  or  pretended  government, 
acknowledging  and  aiding  the  Government  of  the  United  States  in  this 
war,  oi"  by  such  acts  of  the  enemy,  or  other  causes  incident  to  the  war, 
as,  by  luture  act  of  Congress,  may  be  described  or  defined,  as  affording, 
To  be  paid  into  ^'^^^^  t^6  *^'i^"^"^"'^*^^"^^''>  proper  cases  for   indemnity.     And   all  money 

the  Treasur3%         realized  as  aforesaid,  shall  be  paid  into  the  Treasury  of  said  Confederate 

States,  as  provided  by  the  act  to  which  this  is  an  amendment;  and  the 

faith  of  the  Confederate  States  is  hereby  pledged  that  the  same  shall  be 

Separate  account  refunded,  as  required  for  the  purposes  aforesaid.     And  the  Secretary  of 

thereof  to  be  kept,  the  Treasury  shall  cause  a  separate  account  of  said  money  to  be  kept  in 
well  bound  books  procured  for  that  purpose. 


mics. 


PROVISIONAL    CONGRESS.      Sess.    V.      Cn.   71.      1862.  261 

Sec.  3.  B  a  it  further  enacted,  That  it  shall  be  the  duty  of  every  Duty  of  persona 
person  in  actual  possession  of,  or  having  under  his  control,  any  money,  in  the  pos  ession 
property,  effects  or  evidences  of  debt,  beloniring  to  an  alien  enemy,  ^ >•  c-mtrol  of  prop- 
epeedily  to  inform  the  receiver,  and  to  render  an  account  thereof,  and  at  '"^  •^'  ®'"*' 

once  to  pay  over  to  the  receiver  and  to  deliver  to  him  such  propertv  and 
effects,  and  evidences  of  debt,  and  such  payment  and  delivery  shall   be 
made  without  regard  to  whether  any  proceedings  have  or  have  not  been 
instituted  to  sequestrate  the  same.      And  any  person  who,   after  giving     When  such  per- 
Buch  information,  shall  fail  so  to  pay  over  and  deliver  on  demand,  made  ®°°8  ™*y  ^^  P""®- 
by  the  receiver,  shall  stand  in  contempt,  and  the  receiver  shall  at  once^^^^^^  against  for 
move  the  court  or  judge  to  proceed  against  such  party  as  in  other  cases *^"'*  ^""^  ' 
of  contempt ;  and  the  court  or  judge  may  imprison  the  offender  until  he 
shall  fully  comply  with  the  requirements   of  this  act.     And   such    pay- 
ment or  delivery    shall  fully  acquit  and  discharge  the  party  from  all  and 
every  claim  for  or  on  account  of  such  money,  property,  effects  and  evi- 
dences of  debt.     And  the  receiver  shall  give  such  person  a  receipt,  speci-     Receiver  to  give 
-—    fyi"^  *'>e  aiuount  of  money,  the  property,  effects  and  evidences  of  debt  receipts  for  money, 
paid  and  delivered,  and  the  name  of  the  alien  enemy  on  accountof  whom '');'^fj^jM'','P*''* 
the  same  shall  be  paid  and  delivered:   Provided,  That  when  the  person  """p  roc7ed  i'ng  a 
having  the  possession  or  control  of  any  money  of  an  alien  enemy,  asserts  ^'>'=i"e^"''hpe'"so'»« 
a  debt  or  claim,  against  such  alien  enemy  in  his  own  favor,  he  may  file  it  H'^inYsu  h''ii°c' 
in  writing  in  the  proper  court,  swearing  that  he  believes  himself  justly  sifemL.'"*^    *"  '^° 
entitled  to  the  same, land  thereupon    he  shall  not  be  compelled,   in   the 
first  instance,  to  pay  over  to  the  receiver  the  amcunt  thus   propounded 
and  claimed  by  him  ;  but  the  court  shall  then  proceed  to  examine   and 
try  the  validity  of  the  said  debt  or  claim,- and  decree  according  to  the 
facts  found,  and  the  rights  and  justice  of  the  case.     And    if  the   court 
decides  against  the  debt  or  claim,  the  party   setting  up   the   same   shall 
forthwith  pay  over  the  sum  sj  retained  by  him.     And  if  the  court  shall 
decree  in  favor  of  the  debt  or  claim  thus  propounded,  and  it  exceeds  the 
entire  amount  originally  in   possession   of  such   debtor  or  claimant,  he 
shall  pay  no  costs;  otherwise  he  shall  pay  all  costs  incident  to  the  pro- 
ceedings. 

Skc.  4.  This  act,  and  the  act  to  which  it  is  an  amendment,  shall  not  Act  not  to  avoid 
operate  to  avoid  any  payment,  honn  fide  made  to  an  alien  enemy,  or  to^'^rtaia  payments 
affect  property  of  any  kind,  hoiia  fide  and  absolutely  transferred,  or  con- ''''  "'  /'•'^"^f";'.  ^^ 
veyed,  by  any  alien  enemy  to  a  faithful  citizen  of  the  Confederate  States,  cncLTies^'to citizen. 
prior  to  the  thirtieth  day  of  August,  eighteen  hundred  and  sixty-one. 

Sec.  5.    In   cases   of  partnership  property  and   effects,  the  resident      Resident   part- 
partner,  or  partners,  shall  be  dealt  with  in  all  respects  as  survivin-^  part-""^  *"  ^^   .'^^.'^* 
ners  in  cases  of  a  dissolution  of  partnership  by  the  death  of  one  o^r  more  paituers.'"''^''''"* 
of  the  partners,  according  to  the  laws  of  the  place  of  the  principal  place 
of  business  of  the  partnership;  and   the  receiver  shall   have  the  same 
remedies   against    such    resident    partners  as   the   representatives  of  a  4 

deceased  partner  would  be  entitled  to  in  like  case. 

Sec.  ().  The  following  persons  shall  not  be  taken  to  be  alien  enemies  Who  not  to  U 
under  this  act,  or  the  act  to  which  this  is  an  amendment :  ^"■l^®"  ^^  alien  ene- 

/V/-.s^  Persons  who  now  have  bona  fidr  hceome  permanent  residents  of  "'*"'■ 
any  State  of  this  Confederacy,  and  are  actually  residing  and  domiciled 
within  the  same,  yielding  and  acknowledging  allegiance  thereto,  and  who 
have  not,  during  the  present  war,  voluntarily  contributed  to  the  cause  of 
the  enemy. 

Second.  All  persons  born  within  any  State  of  this  Confederacy,  or 
natives  of  a  neutral  country,  who  since  the  breaking  out  of  the  war, 
have  abandoned  their  domicils  and  ceased  their  business  in  the  enemy's 
country,  and  all  persons  aforesaid  who  have  bona  fide  commenced,  or 
attempted  to  remove  themselves  and  effects  from  the  enemy's  country 


362  FPwOVISIONAL  CONGRESS.     Sess.  V.    Ch.  71.     1862. 

and  wlio  have  been,  and  still  are  prevented  from  completing  said  removal 
by  the  force  or  power  of  the  enemy,  or  who  from  physical  infirmity  arc 
incapable  of  removing. 

Third.  AlI^ubjects  or  citizens  of  neutral  countries  who  cannot  be 
shown  to  have  voluntarily  contributed  to  the  cause  of  the  enemy,  and  all 
persons  who,  though  citizens  of  the  enemy's  country,  have  abandoned 
that  country  on  account  of  their  opposition  to  the  war,  or  sympathy  for 
the  people  of  the  Confederate  States. 

Fourth.  All  married  women  natives  of  any  State  of  this  Confederacy 
who,  or  wiiose  husbands  shall  not  be  shown  to  have  voluntarily  contrib- 
uted to  the  cause  of  the  enemy.  All  persons  noiy  compos  inevtis,  and 
all  minors  whose  fathers  or  mothers,  were,  or  are,  'natives  of  this  Con- 
federacy and  whose  property  and  persons  are  controlled  by  guardians 
resident  in  the  Confederate  States,  and  who  have  not  voluntarily  contrib- 
uted to  the  enemy's  cause;  and  all  minors  under  the  age  of  sixteen 
3'ears,  who  were  born  in  any  State  of  this  Confederacy,  or  in  any  State 
exempted  from  the  operations  of  this  act  while  their  parents  were  domi- 
ciled in  such  State  and  who  have  not  taken  up  arms  against  the  Confed- 
erate States. 

Fifth.  Free  persons  of  color,  who,  by  the  laws  of  any  State  have  been 

compelled  to  remove  beyond  the  limits  thereof,  and  are  by  law  prohibited 

from  returning  to  such  State,  and  who  have  not  in  anywise  aided  the 

enemy. 

When  P'"0P"fy      Sec.  7.  The  next  of  kin  in  the  direct  ascending  and  descending  lines 
of    alien     enemies  p  •  i  ,.  i      ■   .  ,.  r.    ^     r^      n   i  r? 

may  be  decreed  to  01  any  alien  enemy,  taithtui  citizens   or  any  of  the  Confederate  States, 

tbcir  next  of  kin.   or  engaged  in  their  military  or  naval  service  shall  be   entitled   to  have 

decreed  them  (they  paying  all  costs  )  the  property,  effects   and  credits 

of  such  alien  enemy  as  if  dead,  intestate,  leaving  no  other  heirs  or  dis- 

Witli  what  debts  tributecs,  chargeable,  however,  in  their  hands,  as  in  case  of  administra- 

htndT''^^*''°'^^''^*'^°"  ^^  ^^^"'^^'P' '^^^^^  *^^^  debts  of  such  alien  enemies  due   to   faithful 
citizens  of  any  Confederate  State. 

b  ^reteiyerr^'''^'''      ^^^^  ^^  ^^^  ^^^^^  ^^  property  Under  this  act  shall  be  made  by  the 
^  '^^"^        '  receivers  at  public  auction  to  the  highest  bidder  and  on  such  terms  and 

such  notice  of  the  time  and  place  of  sale  as  the  court  may  prescribe,  and 
Report  to  court.  gj^.^jj  ^^  j^j^  reported  to  the   court  by  such  receivers  at  the  term  next 
Conveyance    of  after  such  sale  ;    but  no  conveyance  of  title  shall  be  made  to  the  pur- 
title  to  purchaser,  ^ly^^^^  ^f  ^\^q  property  until  the  confirmation  of  the  sale  by  the  court  and 
the  payment  of  the  purchase  money  according  to  the  terms  of  the  sale; 
When  sale  may  ,^^^  ^^  ^^j^  gj^^jj  j^^  valid  until  reported  to,  and  confirmed  by  the  court ; 
be   confirmed.  in  i     i  r>  i  -i     ^  i     n  i  i  i-    -i 

When  set  aside  for  Qor  shall  any  Sale  be  contirmea  until  the  terms  shall  have  been  complied 

fraud,  Ac.  with  ;  and  the  court  may  set  aside  such   sale  for  fraud,  want  of  proper 

notice,  or  any  material   irregularity,  or   wherb  it  shall  appear  that   the 

receiver  was  the  purchaser  or  interested  in  the  purchase,  or  for  substan- 

Proviso.  tial  inadequacy  of  price:    Provided,  however,    That  sales  of  personalty 

may  be  reported  to,  and  confirmed  by  the  judge  in  vacation. 

When    sale    of      Sec.  9.  The  Court  may,  in  its  discretion,  when  special  circumstances 

ddayed' b'y^^the'^^'^''  which  temporarily  depress  the  value  of  the  property,   delay  the 

court.  order  of  sale,  or  may  direct  the  receiver  to  examine  and  report  whether 

it  would  be  expedient  to  make  an  immediate  sale  of  such  property,  and 

on  such  report,  or  other  satisfactory  evidence,  showing  that  a  delay  in  the 

sale  would  tend  to  secure  a  fairer  price,  may  order  such  sale  to  be  delayed, 

„      .  .     and  in  all  such  cases  the  court  may,  in  the  case  of  real  estate,  or  of  a 

receiver   to   lease  P^^'^'^^'^tion  and  slaves,  order  the  receiver  to  lease  the  same  on  such  terms 

real  estate,  &c.       as  the  court  may  prescribe. 

Where  an  alien      Sec.  10.  In  cases  where  an  alien  enemy  may  have  Contracted  in  writing, 

enemy    contracted!     f         .i       ■  .      r.     ,    i  p  t,t  •    i  ,  i         i       i  ^      ■    ,  ? 

in  -writing,  before  t>6iore  the  twcnty-first  day  01  May,  eighteen  hundred   and  sixty-one,  to 
May  21,  18G1,  to  Sell  real  estate  to  a  citizen,  or  citizens,  of  this  Confederacy,  and  to  make  title 


PROVISIONAL    CONGRESS.      Sess.  V.      Ch.  71.      1862.  363 

tipon  payment  of  the  purchase  money,  the  court,  in  decreeing  se((uestni-  b-U  rfal  esfaJe  to 
tiou  of  the  said  purchase  money,  or  the  residue  thereof  unpaid,  s^'^^' *f  ^^^^J^''^' t'|.^,^'t 
further  decree  that  the  receiver  of  the  district,  in  which  said  real  estate:  ,5^,^  bemadcfcTthe 
is  situate,  shall,  upon  payment  of  said  purchase  money,  or  the  residue  purchaser  or  Lis 
thereof,  as  aforesaid,  make  title  for  such  real  estate  to  the  purcluiser  or  a*Hgn«:o. 
his  assignee. 

Sec.  11.  The  court  shall  audit  and  pass  on  the  accounts  of  the  receiver      c*:«rt  to  aii?it 
as  provided  in  this  act,  and  the  one  to  which  this  is  an  amendinont ;  but  an*  ^psss  ^on  ^the 
in  lieu  of  the  compensation  and  allowances  therein   provided  for,  ^^^^^^^  cci^^frs." 
allow  such  compensation  as  shall  to  it  seem  reasonable  and  just,  follow-     Cotnjvensatior.of 
ing,  in  this  respect,  so  f\ir  as  may  be  applicable,  the  analogies  furnished  rccciveT*. 
by  the  laws  of  the  State  in  which  the  court  is   held,  concerning  com- 
pensation to  executors,  administrators  and  trustses  j  and  the  court  shall 
further  allmv  to  the  receiver  all  proper  expenses  attending  the  execution 
of  his  office.     And  all  lees  and  allowances  passed  by  the  court  in  favor     Thrir   foes  aj4 
of  any  receiver  may  be  retained  by  him  from  any  money  in  his  hands;  *  '"wancis. 
and  all  fees  and  allowances  to  any  receiver  beyond  the  rate  of  five  thou-     Kxceaa  over  ^^r- 

,    ,    .,  .   ,/  •"       ,,  •  J      -L    u  1       i-     il,    'a»n  amount  to  ba 

sand  dollars  per  annum,  except  for  expenses  as  atoresaid,  shall  be  torth-^^j^^  iaK.theTroa- 
with  paid  by  him  into  the  Confederate  Treasury,  to  the  use  of  the  Con-  ,«ury. 
federate  States,  and  shall  be  brought  into,  and  stated  and  accounted  for 
in  his  next  account  of  settlement  as  receiver. 

Skc.  12.  The  court  shall  appoint  an  attorney  for  each  section  in  which     Appoiofment  »£ 
the  court  shall  bo  holden,  and  in  which  no  attorney  of  the  Confederate  ^^^^'^[^"^yjf. J, ^;;-^ 
States  resides,  whose  duties  it  shall  be  to  discluirge,  within  said  section, 
the    duties    imposed    on    the    attorney   of  th  *  district  by  the    act    t^> 
which  this  is   amendatory;  and  the  compensation   of  such  attorney  so     Componsaticn. 
appointed  shall  be  the  same  ibr  business  by  him  done  as  is  now  provided 
by  ninth  section  of  said  act  for  the  district  attorney. 

Skc.  13.  The  receiver  shall,  in  all  cases,  take  the  possession  and  control     RK>tiver3to  ^I'-o 

of  the  monev,  nroncrty  and  effects  of  alien  enemies,  and  of  such  chores  in  P'J8se»a»^n:^Q''c"i 
,    •,,  I      !       y     ,        ,       /.  ,         xi  •    1  4      1        trot  of    inoncv, 

action  as  shaii  be  in  the  hands  of  any  agent  or  thud  person,  except  w  lien  j,^.,,^,.;^,  a©, 

otherwise  provided  by  this  act,  and,  on  being  refused  possession,  shall  sue^     Mi:.y  buo  foir  ito 

for  the  same,  and  such  {wssession  shall  not  be  withheld  on  any  pretext  of  same. 

any  provisions  of  the  act  to  which  this  is  amoiiHatory.     The  court  may     Vtdct  wtiat  rir- 

order  a  delay  in  the  sale  of  property  when  it  shall   be  necessary   to   com- '^)||;'^','^'^^®y^^f^,^,;'^ 

plete  or  gather  a  growing  crop,  or  when  it  shall  be  otherwise  manifestly  to  gaio  of  propcry. 

the  benefit  of  the"  Confederate   States  to  delay  the   sale;    but  in  all  such 

cases  the  possession,  ccmtrol  and  management  shall   be  with   the   receiver, 

or  under  his  control  and   authority.      And   in   the   collection   of  debts  or     Rialc  eUy  h-n 

chv)ses  in  action,  no  State  stay  law  shall  govern,  but  the  same  shall  be  gov-  ""t.  ^'^jS^'j^^^^  ^^^ 

erned  by  this  act,  and  the  one  to  which  this  is  an  amendment,  so  far  as  the  ^^'^l^^^  ^^^  icn 

latter  does  not  conflict  with  this  act. 

Sec.  14,  It  shall  be  the  duty  of  all  persons  owing  debts  to  alien  enemies,      Powns  o^t'u;; 

within  three  mouths  from  the  passage   of  this  act,   to  give   information  f^.^^VoVivrin'r.  r ■ 

thereof  to  the  receiver  of  the  district  in  which  he  or  they  reside,  and  in  ^yMion  vhero  :'  : » 

case  of  corporations  or  joint  stock  companies,  to  the  receiver  of  the  dis-writirg,     nnd-r 

trict  in  which  the  principal  office  of  business  of  such  corporation  or  <"^'"- p^'j^^^'g',  '°   *^'®  "^' 

pany  may  be;  and  siu-h  information  shall  be  in  writing  and  sworn  to  by 

the  debtor,  and  in  case  of  corporations  or  joint  stock  companies,  by  the 

principal  oilicer  of  such   corporotion  or  company,  before  any  judge  of  a 

court  of  record,  justice  of  the   peace,  notary   public,  commissioner  of  the 

court  or  receiver  undeiuthe  act  to  which  this  is  an  amendment,  and  shall  set 

forth  the  name  or  names  of  the  creditor  or  owner  of  such  debt,  the  amount 

he  owes  or  owed  on  the  thirtieth  day   of  August,  eighteen  hun<lred  and 

eixtv-one,  and  whether  the  same  is,  or  has  been,  secured  by  mortgage  or 

,-.  ,,.,.  •  /••ji     11  1      /»!     1  1      .1  Information    to 

Otherwise;  and  the  information  or  confession  so  made  sliall  be  nled  by  tlie^^,jjj^jj  ;j^i{,gj,rop- 

receiver  in  the  proper  court  of  iho  Confederate  States,   and   su(;h  court  ^r  cov.rt. 


264  PROVISIONAL  CONGRESS.     Sess.  V.     Ch.  71.     1862. 

Sequestration  of sliall,  on  such  intbniiation,  oroceed  to  deci'ee  sequestration  and  paynientof 

f.lie  debts  confessed,  tlie  debt  or  debts  so  coiifessL-d  ;  and  in  case  any  debtor  shall,  in  good  faith, 

confess  his  indebtedness  as  aforesaid,  but  sliall  be  unable  to  state  the  true 

When  tLe  court  amount  of  his  indebtedness,  or  shall  be  in  doubt  whether  the  creditor  or 
shall    prfcucd    to  Q^^,,^y,,  ^f  ^1,^  (|gi^,t  is  an  alien  eneniv,  the  court  shall  proceed  to  ascertain 

ftao  rtiun  the  char-  ,  .  •  '  i     ^i         i  t      f  u 

actcr  of  the  credi-  the  character  ot  the  creditor  or  owner,  and  the  true  atnount  ot  such 
uir  and  the  true  indebtedness,  and  to  tliat  end  shall  direct  such  proceedings  as  shall  be 
amount  of  in'^'^'^t- ^^^i.^j^^.j  (^^  j.|,g  nature  of  the  case,  and  decree  according  to  the  facts  found. 
'  Debitor  allowed  And  in  all  proceedings  against  persons  for  debts  due  by  them  to  alien  ene- 
to  make  any  do- niies,  the  debtor  shall  be  allowed  to  make  any  defence,  in  law  or  equity, 
fence,  ill  law  or  ^^hich  lie  might  or  could  have  made  in  a  suit  brought  against  him  by  the 
^"i^'i^,'....*;  ,n     nn  credltor  to  whom  such  debt  was  due:  Provided,  however,  That  no  execu- 

Jixecuiiou       on  ...  i  ■    i        i     n 

dicree  to  issue  only  tion  shall  issue  ou  such  decree,  except  tor  the  interest  which   shall  ao^rue 

for    the    interest,  q^  ^he  same  at  the  end  of  each  year,  until  twelve  months  after  peace  shall 

Mayissueforcosts.  j.^  decdared  between  the  Confederate  States  ami  the  United  States,  or  until 

otherwise  directed  by  law :  And  provided,  moreover,    That  execution  may 

The  cost  to  be  jj,^,^^^  f^^j,  ^j^^  costs  of  the  proceedino-,  and   the  sum  so  collected  for  costs 

deducted   from  the    ,     ,,    i        i     i       ^     i  i-  ^i  •       ■    ^i  i 

princiijal  sum  due  shall   be  deducted  troin  the  principal  sum  due. 

Duly  of  receiv-      Sec.  15.  The  receivers  appointed  under  this  act,  or  the  act  to  which  this 

crs  to  ascertain  and  jg  g,-,  amendment,  shall  proceed  ddigently  to  ascertain  and  collect  the  debts 

duo^to  aHen'^ene-  *-^^i^  ^o  alien  enemies  by  persons  residing"in  the  districts  for  which  they  are 

Laics,  and  institute  severally  appointed,  and  shall,  on  the  discovery  of  any  such  debts,  and  after 

proceedings  to  sc-  i]-^q  expiration  of  three  months  from  the  passage  of  this  act,  and  the  debtor 

^"^N"u'''^'"of'"tire^^^''^'^  ^'"'^  failed  to  give  information  of  such  debt,  proceed  to  institute  pro- 

(.roceediujjs.  ceedings  to  sequestrate  the  same,  and  in  such  proceeding,  which  shall  bo 

by  petition,  as  prescribed  by  said  act,  to  which  this  is  an  amendment,  and 

shall  be  to  sequestrate  the  debt,  as  well  as  to  ascertain  the  sum  due  by  the 

debtor,  such  debtor  shall  be  made  defendant  or  respondent,  as  the  case  may 

be,  and  the  process  to  bring  such  debtor  before  the  court,  or  to  compel  an 

Writs  of  garnish- answer,  shall  be  in  the  nature  of  the  writ  of  garnishment  as  prescribed  in 

nent.     Service  of  said  act,  which  shall  be  served  on   such  debtor;  and  in   case  of  corpora- 

t'ue  writ.  tions  and  j<Mnt  stock  companies,  on  some  member  or  officer  of  such  cor- 

Answer  of  the  poratiou  or  company;  and  shall  require  the  defendant  to  answer  on  oath 

(•ofondani;  w ha t  ^yijgt^]iei.  Ije  is  indebted  to  any  alien  enemy,   or  was  so  indebted  on   the 

t..  aet  forth.  thirtieth  day  of  August,  eigliteen  hundred  and  sixty-one,  in  what  sum,  and 

whether  he  knows  of  any  other  person  or  persons  so  indebted,  and,  on  the 

disclosure  by  the  defendant  of  such  indebtedness  by   other  persons,   like 

proceedini>'s  shall  be  had  as  in  the  oi'iginal  cause  ;  and  in  case  the  defendant 

shall  suggest  in  his  answer  that  the  debt  due  by  him  or  her  is  claimed  or 

owned  by  any  person  not  an  alien  enemy,  setting  forth  the  name  of  such 

Citation  to 'issue  claimant,  his  place  of  abode,  citation  shall  issue  to  such  claimant  to  appear 

<-3  ciaimant.  and  propound  his  claim  on  oath  at  the  succeeiding  term  of  the  court;  and 

in  case  he  is  absent  from  the  district  in  which  the  court  is  held,  or  cannot 

Order  of  publi- be  found,  publication  slialibe  made  for  the  sjiace  of  one   month  in  some 

O'^^ion-      _  newspaper  best  calculated  Vo  apprise  such  claimant  to  appear  and  propound 

Glaiuiaut  failing  his  claim ;  and  if  such  claimant  shall  fail   to  appear,   his  chim   shall  be 

t;>  appear,  ,Ve.         barred.     On  the  appearance  of  the  claiinant,  the  court  shall  direct  an  i.«sue 

cliim?''  ^'^  ^^^' ''"  ^'^^  *'y  ^^^  ^■^''^^'  ^'"'  ^^'''"  '■^^'^ard  the  costs  against  the  claimant  if  the  claim 

Proviso.  be  uiifounded  :    Provided,  That  the  entire  ansvrer  shall  be  considered  by 

the  court. 

Proceadinga      g^^.  IG.    All  proceedings  now  pending  under  the  act  to  which  this  act 

C"*^of Vugust ']o' ^^  ^^^  amendment,  .shall  be  made  to  conform  to  the  proceedings  directed  in 

I8fil-,  to   conform  this  act,  SO  far  as  practicable,  and  the  judgments  rendered  therein  shall  be 

to  this  act.  given  in  all  respects,  and  have  the  same  o])eration  and  elfect  as  judgments 

Judgments  under 'T^^j^gj.^j  under  the  fourteenth  section  of  this  act. 

fia.id  act.  ^.  :_     T        11  !■  •  11,  ^        I-  •^  p  i  • 

•Debtors  who  fiil      '^^^-  '^''  ^"  '''''  pi'O^eedings  against  debtors  who  rail  or   refuse   to  give 
er"  refuse  to  give  iidbrmation  of  their  indebtedness  within  the   time  prescribed   in  this  act,. 


PROVISIONAL  CONGRESS.     Sess.  Y.     Cii.  71.     1862.  265 

and  the  debtor  shall  be  broiijrht  before  the  court  by  process,  the  costs  of  inform  at  i  on  of 
the  proieedinir  shall  be  adjudged  against  su.di  debtor,  in  case  he  is  found  ^'^^"■' '''•''"'''^"^^^• 
to  be  indebted  to  any  alien  enemy ;  and  if  it  shall  appear  to  the  court,  on  p"/,,"^  f,!  Tiugl 
the  trial  of  any  cause  against  sucdi  recusant  debtor,  that  he   has  wrongly  against  tbim. 
and  wilfully  refused  or  failed  to  give  information  of  his  indebte.biess,  o^to 
state  the  true  amount  thereof  with  intent  to   himler,  evade   or  delay  the 
execution  of  this  act,  or  the  act  to  which  this  is  an   amendment,  or   the 
jury,  in  any  cause  or  issue  tried  by  them,  shall  certifv  that  such  debtor  has 
wilfully  failed  or  refused   to  give*  information  of  his  indebtedness,  or  tlie 
true  amount  thereof,  with  the  intent  aforesaid,  the  court  shall   award   exe-     ^^^°  execution 
cntion  against  such  debtor  on  the  decree  or  ju.lgnient  for  tlie  whole  amount  ^r.^^n,!'^Ue!wor 
ot  the  debt  and  the  interest  due   thereon,   together  with  the  costs;  in  all  the  whclo  nmount 
other  cases,  however,  execution  shall  be  sta\  ed  until    the  peace  aforesaid  "*  ^^'^  '^"'"'  '"^®'"" 
except  f(ir  interest  which  shall  ac-crue.  "  '  est  and  c>.?t.s. 

S lie.  18.  In  cases  where  proceedings  shall  be  instituted  to  sequestrate  In  other  cases 
judgments  or  decrees  already  rendered,  or  of  claims  or  debts  upon  which  *^^«'^tion  stayed, 
actions  or  suits  may  be  pending,  the  court  may,  after  the  decree  of  seoues-'"'^^'''^'""'"'"^®'"*''-  ■ 
tration,  allow  the  receiver  to  prosectute  sudi  suit,  action,  deciee  or  judg- prosecute  suits,  . 
ment,  in  the  name  of  the  Confederate  States  of  America;  and  in  cases  of J'^dgmenfs,  Ac,  in 
suits  or  actions  pending,  or  decrees  or  judgments  rendered  in  the  State '!""• """!''  "[  **"■ 
courts,  wliere,  by  the  laws  of  such  State,  it  may  be  admissible,  such  of  stu  st" tSr' 
receiver  may  introduce  the  Confederate  States  of  America  in  the  proceed-  C.  S.  may  bein- 
ings  as  a  party  to  prosecute  such  suit  or  action,  or  enforce  such  decree  or  *'"''*^"'^'"^ ''^  " P*''*^ 
judgment;  but  in  such  cases  execution  shall  issue  for  costs  and  intorest ""exccu  Uon  in 
only  until  further  provided  by  law,  or  twelve  months  after  tlie  conclusion  such  cases  to  issue 
ot  peace  as  aforesaid.  only  for  costs,  &c. 

Sec.  19.  Attorneys,  agents  or  trustees  of  any  alien  enemy  having  claims  ^•'^'™'  "^  *""'"" 
for  fees  or  commission  on  the  fund  or  assets  in  their  hands,"  shall,  on  deliv-See.'''i>7*'alirn 
ery  ot  such  fund  or  assets  to  the  receiver,  make  out  their  accounts  for  enemies, for  fees  or 
.such  claims  or  commissions,  and  the  court  sliall  consider  and  allow  the*'"'"™'*'''*''"'^""'^® 
same,  if  just  and  reasonable,  to  be  paid  out  of  such  funds  or  assets;  and  S  mVbe'ii-  ' 
where  counsel  are  already  engaged  in  prosecuting  such  pending  suits  or  lowed  by  the  court, 
actions,  the  receiver  shall  be  authorized  to  allow  them  to  continue  to  pros- 
ecute such  suits  or  actions  for  the  Confederate  States  of  America. 

Skc.  20,  The'rate  of  interest  to  be  paid  bv  debtors  sliall  be  regulated  R=»*c  "''  interest 
by  the  contract,  if  by  the  terms  thereof  the  rate  of  interest  sliall  be  fixed  l^^""  ^'"''^  ^^ 
and  if  no  interest  shall  be  tixe.l  by  the   contract,   then   the   rate  shall  i,e  " 

according  to  the  law  of  the  place  where  the  debt  is  to  b--  ].aid  or  the  con- 
tract perfoi'med  ;  and  the  judgment  gr  decree  shall  bear  the  same  rate  of    Judgmcntor  de- 
uiteiest  fixed  by  law  or  the  contract,  and  the  same  shall  be  punctually  paid '-''■'"'  '""^  ^^<' ^'^^^ 
at  the  end  of  each  year,  or  execution  shall  issue  for  the  same.  '  ■         ''"''^' 

Skc.  21.  In  no  case  shall  the  judgment  or  decree  be  a  lien  on  the  prop-  Judgment  or  de- 
erty  of  the  debtor;  but  where  tlie  court  shall  award  execution  under  tins"''''  ^^  ^'^  "'*  ^''=° 
act  tlie  property  of  the  debtor  shall  be  bound,  from  the  delivery  of  the  writ.  ""  P'^P^^'^' 

Sec.  22.  The  court,  or  judge  iu  vacation,  shall  have  power  to  award  Execution  may 
execution  on  any  judgment  or  decree,  in  addition  to  the  cases  of  recu- "^^  awarded  in  va- 
cant debtors,  where  the  receiver  shall  make  oath  that  the  debtor  is  ^.'^rfliuduienfly 
fraudulently  concealing  or  disposing  of  his  effects,  with  iutont  to  evade  cot/ceali^^  or  di/- 
tjie  judgment,  or  is  about  to  remuye  his  effects  beyond  the  jurisdic-PO'^iuj^'  "^  ^'^  ef- 
tion  of  the  court,  but  such  execution  shall  be  discharged  on  the  defen- '"'"''• 
dant's  giving  security  to  the  satisfaction  of  the  court,  for  the  performance 
or  payment  of  the  decree.  ' 

Si;c.  23.   In  proceedings  under   this   act,  and    the  act  of  which  it  is     Process  and  pro-   ' 
amendatory,  upon  affidavit  being  made  by  the  attorney  representing  the  feedings  where  the 
Confederate  States,  or  the  proper  receiver,  that   the  "name  of  an  "alien  """"^  "'  ^"  ''•'^" 
enemy  is  wholly  or  partly  unknown  to  him,  or  that  the  names  W"  the  nares'of  thomem! 
members  ot  a  partnership  of  alien   enemies  are  unknown   to  him,  the  ^ers  of  a  partner- 


266  PROVISIONAL  CONGRESS.     Sess.  V.    Ch.  72.     1862. 

thip  of  alien  ene-  pi'ocess   and   proceedings   may  be  against  such  partnership  by  the  firm 

miesare  uukuown.  ijg^j^g  thereof,  stated   in 'such   affidavit,  or  against  such   alien   enemy, 

whose   name   is   wholly  or  partly   unknown,   by   such   name   or  proper 

description  as  may  be  known  and  set  forth  in  such  affidavit :  Provided, 

Proper  n  a  m  o  That  the  couvt  may,  at  any  time,  on  motion,  cause  the  full  and  proper 
uTe  reconr  whcu  "'^™®  ^^  ^®  inserted  in  the  record,  and  used  in  the  proceedings  when 
ascertained.  the  same  becQme  known  to  the  court. 

Receivers  may      Sec.  24.  E(!ceivers  shall  have  authority  to  administer  oaths  touching 
adminstcr  oaius.     ^^^  matter  incident  to  proceedings  under 'this  act. 
■, c^?^' -^^ /^^^^'  ''^'      *^EC.  2.5.  The  sixteenth  section  of  the  act  to  which  this  is  an  amend- 

loDl,  6  IG,  icijeal  i.     •     u        i  i     i 

Q,j,_  ment,  is  hereby  repealed. 

Bonds  and  trea-      Sec.  2G.   All  debts  due  to  any  alien  enemy  may  be  paid  in  the  bonds 

sury  notes  receiva- and   treasury  notes  of  the   Confederate   States,  and   the  same  shall  be 

received  in  payment  for  all  property  sold  under  this  act. 

Fees   of   clerk.s      Sec.  27.  The  fees  of  all   clerks  and   marshals   shall  be  the  same  for 

and  mar.=hals.         services  under  this  act,  and  the  act  to  which  this  is  an  amendment,  as  are 

allowed  for  similar  services  in  the  courts  of  the  Confederate  States,  and 

.shall  be  a  charge    upon  the  general  fund  derived  from  confiscations,  and 

shall  be  paid  on  the  order  of  the  court. 

Appointment  of      Sec.  28.  The  commissioners  authorized   by  the  fourteenth  section  of 

clerk  of  the  board  the  act  to  which  this  is  an  amendment,  shall  appoint  a  clerk  with  a  salary 

His  salarv'    '    "^^  ^^  fifteen  hundred  dollars,  to  be   paid  out  of  the   treasury  of  the  Cou- 

S.ilaries  of  clerk  federate  States;  but  such   salary,  as  well   as  the  salary  of  said  commis- 

and  eommi.-si  jners  sloners,   shall   be   charged    to   the   confiscation   fund   and   be   deducted 

charged  to  eonfis-  xij?  i-i--  in  i-  i  •.. 

cation  fund.  thereirom ;  and  said  commissioners  shall  moreover  have  power  to  appoint 

Appointment  of  commissioners  to  take  the  examination  of  witnesses  touching  the  claims 

commissioners  t  o  which  may  be  propounded  before  them,  or  may  summon  witnesses  before 

take    exa.iniuation  ^i  ^     i  •        i  u  •  ^  •      •  i   ,i  •     • 

of  witnesses  them  to  be  examined  orally  ;  said  commissioners,  and  the  commissioners 

appointed  by  them  to  examine  witnesses  as  aforesaid,  shall  have  power 

0<.iths  to  wit- to  administer  oaths  to  the  witnesses  and  to  issue  subpoenas,  and  wit- 
nesses aud  .«ub-nesses  failing  to  appear  shall  be  subject  to  like  penalties  and  process  as 
a nT^'p  r  oTe'^rs  "^^^  '"**^  prescribed  in  the  courts  of  the  Confederate  States  against 
against  defaulting  f^cfaulting  witnesses:  Provided,  however,  That  the  costs  of  all  proceed- 
witnesses.  ipgg  to  take  testimony  shall  be   paid   by  the  claimant,  except   in  cases 

where  the  Attorney  General  shall  apply  for  leave  to  take  testimony,  and 

Fees  of  witnesses  the  fees  of  witnesses  and  commissioners  shall  be  the  same  as  are  allowed 
a^nd  commission- iu  the-courts  of  the  Confederate  States  in  like  cases. 

Settlements  o  f  ^EC.  29.  So  much  of  ti.e  act  to  which  this  is  an  amendment  as 
rec-ivtrs  to  em-  requires  the  receivers  to  settle  separately  the  estate  of  each  alien  enemy, 
reacr  ''f'  °^*,Ih'^^  ^^  repealed,  and  hereafter  each  settlement  shall  embrace  all  the  matters 
ment.  "    '     ready  for  settlement ;  but  the  items  of  the  account  shall  be  so  specific 

Items  of  account  as  to  show  the  .sources  from  which  each  is  derived. 
*°j'^/f^'l'^*'^'  '^^*^"  '^'^'  ^^^^^^^'<^   ""y  judgment  has  been  entered   up   in   any  of  the 

tered  ^uad'r''  t  h'^e  courts  of  the   Confederate   States  under  the   act   to  which  this   is  an 
act  of    Aus,'.    30,  amendment,  inconsistent  with  the  provisions  and  spirit  of  this  act,  the 

1861,   inconsistent  same,  on  motion,  shall  be  set  aside  or  amended  in  accordance  with  the 
wuh  this  act  shall  .  i  •   •  r.  ,i  •  . 

beset    aside   or^^'^^  ^"*^  provisions  01   this  act. 

amended.  Sec.  31.  The  provisions  of  the  act  to  which  this  act  is  an  amendment, 

Provisio  n  s    o  f  so  far  as  the  same  may  conflict  with  this  act,  are  hereby  repealed. 

said  act  eonliictiug         .  -^  ,  "^      ,  ^    _,  „  J        i- 

with  this  aet  ro-      APPROVED  February  Id,  1862. 

pealed. 


February  15,  1S62.  Chap.  LXXII. — An  Act  to  establish  certain  po><t  routes  therein  mimed. 

Certain    post      The   Congrccs  of   the   Confederate  States    of  America  do  enact,    That 
u  es  es  a    la  e  .  ^^^Q  following  post  routes  be,  and  they  are  hereby,  established,  to  wit: 


routes 


PROVISIONAL  CONGRESS.     Sess.  V.     Ch.  72.     1862.  267 

First.    From  Tarborough,  by  way  of   Bethel  and   Flat  Swamp,   to  .  I"  ^'or^^  Caro- 
Williamston,  in  the  State  of  North  Carolina.      Second.  From  Bengal,  in    ^n  Georgia. 
Bullock   county,  by  way  of  William   Deloaches'  Mills,  in   said   county, 
and  Benjamin  Brewton'.s  Mills,  in  Tatuall  county,  to  lleidsville,  in  said 
last-n?nied  county,  in  the  State  of  Greugia.      Third.   From   Buvusville,     In  Tennessee. 
North    Carolina,    via   .Jack's    Creek,    Poplar    Hollow,    Jiongmore's,    in 
Washington    county,    Tennessee,    John    Blair's,    to   Jouesborough,    in 
the    State    of    Tennessee.      Fourth.     From    Laurel    Valley,    in    North 
Carolina,  via  Stansbury  Gap,  to  Duck  Town,  in  the  State  of  Tennessee. 
Fifth.  From  Shepherdsville   to   Swansboro',  in   the   county  of  Onslow,     In  North  Caro- 
North  Carolina.     Sixth.  From  Sandersville  to   Hadnot's,  in  said   last- ^'"*- 
named  county  and  State.      Seventh.  From  Gatesvillc  to  Mintonsville,  in 
Gates  county.  North   Carolina.     Eighth.  From   Dixie,  otherwise  called     In  Louisiana. 
Bu  Bayou,  on  the  Vicksburg,  Shreveport  and   Texas  railroad,  to  Wins- 
boro',   in  the  State   of    Louisiana.     Ninth.    From    Holly's    Wharf,   on     In  North  Caro- 
Chowan  i-iver,  to   Ballard's  Bridge,  in   Chowan  county,  in   the  State  of ''°*" 
North   Carolina.      Tenth.   From   Mount  Pleasant  to   Perry  ville,  on   the     In  Tennessee. 
Tennessee  river,  via   Ncwburg,  Palestiuo  and   Linden,  in   the  State  of 
Tennessee.     Eleventh.  From  Louisville,  in  the  county  of  Winston,  via     In  Mississipiji. 
Ashfordsvillc,  in  said   county,  Multona  Springs,  Phoenix  Mills,  Birkets- 
ville,  and  Rocky  Point,  in  the  county  of  Attala,  to  West  Station,  in  the 
county  of  Holmes,  in  the  State  of  Mississippi.      Ticrl/th.  From  Grain's     In  North  Caro- 
Creek  to   (^arbonton,   via  Cowles'   Store,   Pocket,   Gilliam's   Store   and  ^'"*- 
Underwood's  Tall   House,  in  the  State  of  North   Carolina.      Thirteenth.     In  Mississippi. 
From  Vaiden  to  Sidon,  in  the  county  of  Carroll,  in  the  State  of  Missis- 
sippi.    Fourteenth.   From   Raymond,  in   the  county  of  Hinds,  to   Port 
Gibson,   in    the   county   of    Claiborne,    in   said   State   of   Missiv'^sippi. 
Fifteenth.  From  DeKalb,  in   the  county  of  Kemper,  to  Philadelphia,  in 
the  county  of  Neshoba,  in  said  State.      Sixteenth.   From  Concordia,  in 
the  county  of  Bolivar,. to  Williams  Port,  on   the  Sun   Flower   river,  in 
said   State.      Seventeenth.  From   Canton   in   the  county  of  Madison,  to 
Shngualak,  in  the  county  of  Noxuba,  via  Philadelphia,  in  the  county  of 
Neshoba,   in  said   Stale.     Eighteenth.  From   Oxford,  in   the  county  (f 
Lafayette,  to  Fulton,  in  the  county  of  Itawamba,  in  said  State.     Ninc- 
tPenth.     From  Batesville,  in   l^anola  county,  to  Bynam's  Creek,  in  said      ' 
State.      Twentieth.  From  Fulton,  in  Itawamba  county,  to  Gunstown,  on 
the  Mobile  and  Ohio  railroad,  in  said  State.     Twevtj/-frsf.  From  Smith- 
ville  to  Richmond,  in  said  State  of  Mississippi.      Iwentif-i^eeond,   From 
Moscow,  on   the  Memphis   and   Charleston  railroad,  to   Antona,  on  the 
Memphis  and  Ohio  railroad,  in  the  State  of  Tennessee,  via  Macon,  Oak- 
land and  Hickory  Wythe,  in  said  State.    Twentij-tliird.  From  Memphis, 
via  Ralston,  to  Portersville,  in  said   State  last  named.      Tn-cnty-fmrth.     in  Florida. 
From  Waldo,  on  the  Florida  railroad,  by  Fo;t "Crane,  to  My  Canopy,  in 
the  State  of  Florida.      T went ij -fifth.  From  Warsaw  to  Gainsville,  in  the     in  Alalmma. 
State   of  Alabama.      Twentt/sixth.   From   Hicksford,   in   the   county  of     lu  Virginia. 
Greensville,  to  Lawranceville,  in  the  county  of  Brunswick,  in  the  State 
of  Virginia.      Twenti/seventh.   From  Hartsville,  in  Sumner  county,  via     j^  Xcnnesstb. 
Driver's  Store,  on  the   east  fork  of  Goose   Creek   and   Cartersville,  to 
Lafayette,  in  the  county  of  Macon,  in  the  State  of  Tennessee.     Twenty-     in  South  Caro- 
ei(/hfh.   From   Rock   Hill,   York   District,   via   Taylor's   Creek,  Wallace,  l>na. 
Lewisvillc,  Rich   Hill   Cross   Roads,  Ceda*-   Shoals,  Landsford,  to  Coats' 
Tavern,  in   the   State  of  South  Carolina.      'Twenty-ninth    From  Shelby 
Depot,  on  the  Memphis  and  Ohio   railroad,  in    the  county  of  Shelby,  in 
the  State  of  Tennessee,  to  the  town  of  Portersville,  in  Tipton  county,  in 
said  State-      Thirtieth.  From  Statesburg,  via  Providence,  Harmony  Col- 
lege, Bradford  Springs,  to  Mill  Grove,  in  South  Carolina.      Thirty-firft. 
From  AVcdowee,  Alabama,  to  Corn  Grove,  via  Abicochee,  in  said  State. 


2G8  TROVISIONAL  CONGRESS.  Sess.  V.  Ch.  73,  74,  75.   1862. 

In  Georgia  and  Thirtij-Recoud.  From  Abernatliy,  Alabama,  to  Bowdon,  in  the  State  of 
^'?*'''m''\u  r        Oeois^ia.     Thirti/-third.  From  SVHacoQ-o-a,  Alabama,  to  J.  J.  Richaids',  in 

In  North  Garo- ^ ,        ^  .•'.,_,  ^;  .  ;^'^      ,      _^  '  .,,       ^,  ' 

Una.  Coosa  (:oiiiit3%  in  Paul  State,     llurly-tourth.  i'rom  Copperville,  Cherokee 

county.  North  Carolina,  to  Aqiione,  Macon  county,  North  Carolina. 
Approved  P'ebruary  15,  1862. 


February  15,  1862.  CnAi-.  LXXIII. — An  Act  for  the  relief  of  the  State  of  Missouri. 

Advancement  to       The   Congress  of   the   Confederate  States  of   America   do  enact.    That 

the  State  of  ML- ^],g  g^c.^tary  of  tJie  Treasury  is  lierebv  directed  to  issue  to  the  State  of 

Missouri,  upon  the  application  of  the  fund  commissioners  for  said  State, 

Condiiion.  one   million   dollars   in   treasury   notes,  upon   the   condition  tliat  flie  said 

State  of  Missouri  deposit  witli  the  Secretary  of  the  Treasury  of  the  Con- 

^  federate   States  an   equal   sum   in  the   bonds  of  the  State   of   Missouri, 

authorized  to  be  issued  under  an  act  of  the  Legislature  of  said  State, 

entitled  "  An  act  to  provide  for  the  defence  of  the  State  of  Missouri,  and 

for.  otiier  pui'poses,"  whicli  bonds  shall  be  held  by  the  Secretary  of  the 

Treasury  until   the  accounts  of  tlie  State  of  Missouri  for  advances  made 

for  military  purposes  are  adjusted,  as  Conajress  may  direct. 

To  bcat'counted      gg^_  g.  That  upon  the  final  adjustment  of  the  accounts  of  the  State  of 

for  on  aujusimetit , ,.  .  •      ,     i       /-,      /•    ,  '/,,    .  i  i         i         i  i     i     n  i 

of  account?!  of  said  -Missouri  agamst  the  Coniederate  States,  the  sum  hereby  advanced  shall  be 

State  against  the  deducted  from  the  amount  found  due  to  said  State. 
c  s 

Approved  February  15,  1862. 


February  15,  I8C2.  CuAP.  LXXIV. — An  Act  supjjTemental  to  "■  An  act  to  put  in   operation  the  Government 

— — under  the    Permanent    Constitution  of  the    Confederate   Stales  of  America,"   ajiproved 

May  2lst,  1861. 

Provision  to  put  The  Congress  of  the  Confederate  States  of  America  do  enact,  .That 
Governmenuindor  ^"  ^^^^  assembling-  of  the  Senators  elected  under  the  provisions  of  the 
the  Permanentl^enuanent  Constitution  of  the  Confederate  States,  according' to  tlie  direc- 
Constitution.  tions  contained  in  the  above   recited  act,  it  shall   be  the  duty  of  the  Vice 

Duty   of  t  h  e  President   of    the  Provisional   Government  to  call  the  Senate  to  order, 

tb^e    p^rovitional '"^I^P*^'"^  ^  ^^^^^^^'y  *^^  ^^^^  ^®"^^®  ^''^''  ^^'"^  ^^'"®  being,  administer  the  oath 

Government  t  o  0^  oftice  to  the  Seuatoi's,  and  preside  over  the  body  until  tlje  President  of 

call  the  Senate  to  the  Senate   for  the   tiiue   being  shall   be  elected,  as  provided   by  the  act 

ore er,  .fee.  aforesaid;  and   in   the  absence  of  the  Vice  President,  the  oldest  Senator 

Duty   of  t  li  e  then  present  shall  perform   the  duties  aforesaid.     And  on  the  assembling 

Cort'reTs    und   "  ^^  ^^^*^   members   of  the   House   of  Representatives,  elected  as  aforesaid, 

said"  Government,  under  the  direction  of  the  act  aforesaid,  it  shall  be  the  duty  of  the  Presi- 

to  call  the  House  dent  of  the  Congress  of  the  Provisional  Government  to  call  tlie  House  to 

0  or  or,  lie.  order,  appoint  a  clerk   of  the   House  for  the  time  being,  administer  the 

oath  of  office  to  the  members,  and   preside  over  the  body  until  a  Speaker 

shall   be   ele(;ted,  and   in   the  absence  of  the   President  of  Congress,  the 

oldest  member  of  the  House  then  present  shall  perform  the  duties  aforer 

said. 

Approved  F  bruary  15,  1862. 


Feb.  15,  1862.      Chap.  LXXV. — An  Act  to  make    avpropriatlons  for   the  expenses  of  govcmmtnt  in  the 
-1      legislative,  executive  and,  judlenil  departments,  from  the  eii/hteenth  of  February  to  the 


r_f!^-.\     i     first  of  April,  eighteen,  hundred  and  sixty-two,  and  fur  other  purposes. 

for  the  expenses"of      '^^^'^   Congress  of   the   Confederate  States  of  Amenca  do   enact,    That 
government    from  the    following   sums  be,  and    the  same    are    hereby,  appropriated   for  the 


PROVISIONAL  CONGRESS.      Sess    V.      Cii.  75.       1862.  269 

obiepts  li(?reafter  exnresse<l,  from  tlie  eiditeenth  of  February  to  (be  first  of  Feb  18  to  April  l, 
.  J  .,      .    ,  1       ',      1         1     •    .     .  '  1S62,  and  fur  other 

April,  eiii'iiteen  hundrca  and  sixty-two.  purpost-s. 

Lefiisldtioe. — For  coin])ciisation  and  mileage  of  Senators,  four  tbousand  Pay  and  mileage 
five  hundred  dollars.  of  Senat-.rs 

For  compensation  and   mileaire  of  members  of  tbe  House  of  Reprcsen-  t^e  U  ™sc!    " 
tatives,  twenty-five  thousand  dollars. 

Executive— Yov   romi)ensation    of  the    President    of  the    (Confederate     President: 
States,  four  thousand  dollars. 

For  compensation  of  the  Vice-President  of  the  Confederate  States,  one  Vice-President, 
thousand  doHars.  '  t>  •    . 

For  compensation  of  the  I'rivate  Secretary  and  Messenger  ot  the  Presi- ^.y  ^^^^^  mc'^senger 
dent,  three  hundred  and  fifty  dollars.  of  the  Pesi.lcnt. 

For  compensation  of  the  Secretary  of  State,  Assistant  Seciretary  of  State,     Office  ot  the  Seo- 
Clerks  and  Messenger,  one  thousand' three  hundred  and  eighty-nine  dollars '^'^'""■^  "'  ^^^^' 
and  forty-four  cents.  % 

For  compensation  of  the  Secretary  of  the  Treasury,  Assistant  Secretary,  Officeof  tbe  Sec- 
Comptroller,  Auditors,  Ti-easurer  and  Register,  an.l  Clerks  and  Messenger  ^;^';J,'"_^' "^.^"^^  ^'''''" 
in  the  Treasury  T'epartmeiit,  fifteen  thous.-md  dollars. 

For  iiiciileiital  and  contingent  expenses  of  tbe  Treasury  Department,  two 
thousand  dollars.    •  . 

For  compensation  of  the  Secretary  of  War,  Chief  of  Bureau,  and  omccofthe  Sec- 
Clerks  anil  ^fessengel•s  in  the  War  Department,  four  thousand  dollars.         '"'"'  '^'^  ^ 

For    contingent    and    incidental    expenses  of  the  War  l)epartment,  ten 
thousand  dollars. 

For  compensation  of  the  Secretary  of  the  Navy,  and  Clerks  and  Mes-  Officeof  the  Soc- 
sengers  in  his  office,  three  hundred  and  twenty-five  dollars.  Navv'^^ 

For  iiicidental-and  contingent  expenses  of  the  Navy   Department,  five 
hundred  dollars. 

For  compensation  of  the   Postmaster  General,   Chiets  of  Bureaus,  and  J;^^,f^"J^*°^^^^^^^^^ 
Clerks  and  Messengers  in  tbe  Post  Office  Department,  four  thousand  fonr 
hundi-ed  and  twentv-nine  dollars,  thirty-eiglit  <"ents. 

For  incidental  and  contingent  expenses  of  the  Post-Office  Department, 
two  thousand  dollars. 

For  compensation  of  the  Attorney  General,  Assistant  .\t1ornev  General,  Oftice  of  the  At- 
„■      ,  ,',,  .      ,1        1^  ■  i      f    T        ■  ^1         ■       1    ii  torney  General. 

Clerks  and  Messenger  m  the  Department  of  Justice,  one   thousand  three 
hundred  and  fifty-six  dollars. 

For  incidental  and  contingent  expenses  of  the   Dejiartment  of  Justice, 
five  hundred  dollars. 

For  salary  of  Superintenikmt  of  ]\iblic  Printing  and  Clerk  and  Messen-  /':,"P?""'«°;!^°' 
ger  in  Ins  oihce,  six  hundred  dollars. 

For  printing  for  the  .several  Executive  Departments  of  the  govemment,     Printing, 
eleven  thousand  seven  hundred  dollars. 

Judiciary. — For  salaries  of  judges,  attorneys  and  marshals,  and  for  inci-      •Tudgos,   Attor- 

dental  and  contingent  expenses  of  courts,  twenty  thousand  dollars.  ncy.^ .  .u.'-  .ii^,  ic. 

War  Department. — For  tbe  pay  of  tbe  officers  and  privates  of  the  army,  ,  Officers.  Ac,  of 

1  1       •!•.••        1  •  !•  .1        .-^      ,•    1        ■     c>.    1  1'  ■     the  armv,  supplies 

volunteers  and  militia,  in  the  service  oi  the  Contederate  States;  tor  q"!0'-jjjj,|    traosport.i- 
termasters'    supplies   of    all    kinds,    transportation    and    other    necessary  tion. 
expenses,    twenty-six   million  two  hundred   and  ninety-one  thousand  five 
hundred  and  two  dollars. 

For  pij.rcbase  of  subsistence  stores  and  commissary  property,  four  million  Sul.si.-tence  store?. 
five  hundred  thousand  dollars.  '  '^' 

For  the  ordnance  service  in  all  its  branches,  two  million  t^ix  hundred  and  Ordnance  service, 
sixty  thousand  dollars. 

F'or  the  engineer  service,  sixty-five  thousand  dollars.  Engineer  service 

For  surgical  and  medical  supplies  of  the  armv,  one  hundred  and  twenty  •''nrgical  and 
,•1  ,  S    ,1  ^ '  •  •    meiucal  supplies, 

thousand  dollar.S.  Contigencies  o  f 

For  contingencies  of  the  army,  sixteen  thousand  dollars.  the  army. 


270  PROVISIONAL  CONGRESS.     Sess.  V.     Cii.  76      1862. 

Adjutant  and  In-  For  the  contingent  expenses  of,  the  Adjutant  and  Inspectov.  General's 
ppector  Geueral's  office,  inchiding  otfice  furniture,  stationery,  printed  blanks  for  the  use  of 
"®^'^-  the  annv,  postage,  telegrrtphic  dispatclies,  and   so  forth,  three   thousand 

three  hundred  dollars. 
Navy  Depaitmeat.      Jiavy  De2)artment. — For  contingent  enunierated,  ten   tliousand  dollars. 
Coal.  For  coal  for  steamers,  one  hundred  thousand  dollars. 

Navy  yard  at      For  pay  of  officers  and  others  employed  at  the  navy  yard,  at  Norfolk, 
Norfolk.  Virginia,  fifteen  thousand  dollais. 

For   repairs  of  btiildings    adjoining  the   gateway  of  the  navy   yard,  at 
Norfolk,  Virginia,  five  thousand  dollars. 
Co  mmissioDers      Miscellaneous. — For  compensation  of  three  commissioners,   appointed 
tion^act  '**"^"®^^'''^"  I'lider  the  fouileenth  section  of  the  act  of  August  thirtieth,  eighteen  hun- 
dred and  si.\ty-one,  providing  for  the  sequestration  of  the  estates  of  alien 
enemies,  and  for  the  indemnity  of  citizens  of  the  Confederate  State*,  two 
Contingent  ex-  thousand  two  hundred  and  twenty  dollars, 
siuper^s        '    '     '      ^'^^  contingent  expenses  of  said  commissioners,  five  hundred  dollars. 

Assessors  of  war      For  wages  of  assessors,  and  for  printing,  under   the  act  of  Congress  of 
tax  and  printing.    August  nineteenth,  eighteen  hundred  and  sixty-one,  providing  for  a  war  tax, 
_  one  hundred  and  twenty-five  thousand  dollars. 

Chief  collector?  For  sahuies  of  chief  collectors  of  war  tax,  under  the  same,  eleven  thou- 
of  war  tax.  gand  and  thirty-three  dollars. 

Transmission  of  For  transmission  of  the  funds  of  the  Confederate  States,  one  hundred 
f""<^s.  thousand  dollars. 

Diplomatic  For  the  purchase  of  diplomatic  books  for  the  use  of  the  DepaTtment  of 
^°°''^-  State,  fifteen  hundred  dollars. 

Sugar  and  mo-      For  the  purchase  of  a  year's  supply  of  sugar  an<l  molasses  for  the  army, 
"^'''^'  one  million  one  hundred  and  thirteen  thousand  four  hundred  dollars. 

Jledenipti'.n   of      For  redemption  of  treasury  notes  issuod  under  the  act  of  May  sixteenth, 
treasury  r  a..:--.       ..;{jr]iieen  hundred  and  sixty-one,  and  burned  or  otherwise  rendered  unfit  for 
circulation  by  the  holders,  thirty  thousand  dollars. 
Bounty  to  war-      For  pay  of  Avarrant  and  petty  officers,  seamen,  ordinary  seamen,  lands- 
rant  and  petty  of- ,^^,i   j^fj(]    boys,  and   the  engineer's   department   of  the  navy,  as  bounty, 

fiocrs,  seamen,  &c.       .^i       •      j  i  i.      .•  n  j    r  •    t        ^i        '•    i  ^  i 

authorized  by  act  of  Congress,  approved  .January  sixteenth,  eigliteen  iiun- 
dred  and  sixty-two,  one  hundred  thousand  dollars. 
Bounty  to  non-      For  bounty  of  fifty  dollars  to  each  non  commissioned  officer,  musician 
commiss'-'ned  offi- j^,i^]  .ji.|^,_^f^._  ^^.],f,  ^jjj^y  g],]jj^+ ^,j,.  j^]j,.gp  years  or  durina;  war,  on  the  basis 

c-MS. mu^i''iansand  ^,     ^^  i     '     i       i  .i  '  j  -u  i-  ^     ^i  l-  a  -n-  i? 

l>nvates.  '^"at  one  hundred  thousand  men   will   enlist,  the  sum   ot  hvo    niillions  oi 

dollars. 
Transportation      For  the  transportation  of  the  above  men  fiom   the   place  of  enlistment 
ot  men.  ^q  ^\^q  army,  in  the  field,  one  million  of  dollars. 

Approved  Februh,iy  15,  18G2. 


T'  I     t-    10-0        CuAP.   LXXVI. — An  Act  to  authorizt:  and  provide  fur  the  vrganuation  of  the  Murhlnnd 
i'cb.  la,  lbi>Z.  r  •  ^, 


Line. 


Organization  of  The  Congress  of  the  Confederate  State.t  of  Aracrica  do  cvact,  That 
the  Maryland  lino,  all  native  or  adopted  citizens  of  the  State  of  Maryland,  who  have  hereto- 
fore volunteered,  are  now  in,  or  may  hereafter  volunteer  in  the  service  of 
the  Confederate  States,  may,  at  their  option  be  oi'ganized  and  enrolled  into 
companies,  squadrons,  battalions  and  regiments,  and  with  the  first  Mary- 
land regiment,  and  several  companies  now  in  service,  into  one  or  more 
brigades,  to  bo  known  as  the  Mar^dan  1  line  ;  said  organization  to  be  in 
uccordnance  witli  existing  laws. 

ArruovKD  February  15,  18G2. 


PROVISIONAL  CONGRESS.   Sess.  V.    Cii.  77,  78,  79.   1862.  271 

Chap.  LXXVII. — An  Act  to  rcHnquhh  any  claim  on  the  part  of  the   government  to  any      Feb.  15,  1862. 
share  u»  c.rtain  prizes.  "         _ — 


The  Comress  of   the    Confederate  States  of  America  do  enact,  That      Ilelinquishtnent 
the  governine.iit  of  the  Confederate  States  do  hereby  relinquish   all  claim  ^^^'^^.'^''^.^j^J^^'^'^J  "[^^l^^® 
to  any    jjoition  of  the    proceeds  of  the  sale  of  certain  vessels  and   their  ^hmc   in    certain 
cargoes  captured  in  the  Chesapeake  bay  and  Potomac   river,  on  or  about  vessels.  Ac.  taken 
the  twenty-ninth  day  of  June,  eighteen' liundred  and  sixty-one,  by  Ceorge  j^" J'^^^^^^^^^P^^^'^j® 
M.  llollins,  Captain  in  the  Confederate  States  navy,  and  certain  officers  ofu^s. 
the  navy,  and  priv   te  citizens  under  liis  command  ;  said  prizes  having  been 
made  without  the  participation  of  any  vessel  of  the  Conicderate  States  or 
other  government  aid. 

ApiMiovED  February  15,  1862. 


Chap.  LXXVIII.— >ln  Act  to  fix  the  rank  o/  certain  others.  Fcii.  15,  1862. 


The  Conor esa  of  the  Confederate  Stales  of  America   do  enact,  That      Kank  of  com- 
tlio  rank  ot  commissioned  olncers  ot  regiments,  battalions,  squadrons  and  ^j^^^  continue   in 
companies,  wlio  continue  in  service  by  re-election  in  regiments,  battalions,  service  b.?  re-elec- 
squadrons  or  companies,  organized  of  troops  re-enlisting  under  the   act  tion  to  date  from 
providing  for  the  grantiiio-  of  bounty  and  furloughs  to  i)rivates    and    "<>"- I,ri"<,ina^^]cction^or 
commirtsioned  officers  in  the  provisional  army,appioved  December  eleventh,  apf„intnicnt. 
eighteen  hundred  and  sixtv-one,  and  the  act  supplemental  thereto,  approved     i!^t>i.  IJce.  11. 
February  third,  eighteen  hundred  and  sixty-two,  or  under  the  act  to   pro-     ^^''"^'  ^'^^-  ^• 
vide  for  the  recruiting  companies  now  in  the  service   of  the  Confederate 
States  for  twelve  montlis,  approved  January  twenty-ninth,  eighteen  hundred     1?62,  .Jan.  29. 
and  sixtv-two,  shall  date  from  the  time  of  their  orginal  election  or  appoint-     Proviso, 
ment:  Provided,  Sueli  officers  shall  be  re-elected  or  appointed  to  offices  of 
the  same  grade  in  the  same  corps. 

Ai'PROVKD  February  15,  1802. 


CiiAr.  LXXIX. — An  Act  to  e'ltabtinh  judicial  courts  in  certain  Indian  Territorie*.  Feb.  15.  1862. 

The    Coni/ress  of   the    Confederate   States  of  America  do  enact,    That      .Jmllcial  courts 

in  order  to  secure  the  due  enforcement  of  so  much  of  the  laws  of  the  Con- f ■''!'''^''*^.'^'^  ^1^".' 
^   ,  -,     ,       .  1  .         •     •      1     n-  •    ,  1  .       •    -1  tsiin  Indian  Tern- 

federate  states  in  regard  to  criminal  onences  or  misdemeanors,  and  to  civil  ^.ries. 

remedies,  as  is,  or  may  be,  in  force  within  the  Indian  country  west  west  of 
Missouri  and  Arkansas,  south  of  Kansas  and  north  of  Red  river,  the  country 
owned  anil  occupied  by  the  Clierokee  Nation,  as  the  boundaries  of  the  same     I'istrict  of  Cba- 
are  defined  by  treaty  between  that  nation  and   tlie  Cnnf(>derate  States,  is^'^^'"^'- 
hereby  erected  into  and  constituteil  a  judicial   district  of  the  Confederate 
States,  for  the  special  purposes  and  with  the  jurisdiction  in  tliis  act  and  in 
existing  laws  and  the  treaty  aforesaid  provided,  to  be  called  and  known  as 
the  district  of  (:;ha-lah-ki ;  and  the  whole  country  owned  and  occupied  by     District  of  Tush- 
tbe  Choi-.t:nv  and  Chickasaw  Nations,  as  tlie  boundaries   of  the   same  are  ca-hom-raa. 
defined  by  treaty  between  these  nations  and  the  Confederate  States,  incbniing 
the  country  west  of  the  ninety-eighth  degree  of  west  longitude,  leased  by 
.said  nations  to  the  Confederate  States,  is  hereby  erected  in*^o   and  consti- 
tuted a  judicial  district  of  the  Confederate  States,  for  the  special  purposes 
and  with  the  jurisdiction  in  this  act  and  in  existing  laws,  and  the  treaty 
aforesaid  provided,  to  be  called  and  known  as  the  Tush-ca-hom-ma  district. 

Sec.  2.  And  be  it  further  enacted,  That  all  the  country  owned  and  pos-     Certain  territory 
sessed  by  the  Creek  Nation,  or  Muskoki  Confederation,  all  that  country  *<'^°"^^^'"^''*"'"- 


272  PROVISIONAL  CONGRESS.     Sess.  V.    Cii.  79.     1862. 

te?ral  part  of  the  Owned  Hiid  possessed  b}' the  Seminole  Nation,  all   that  country  occupied 

Cha-lah-kijudkial  and  ]ield  by  the  Great  and  Little  Osage  Tribes  of  Indians,   and   all   that 

district.  couiitry  ofcupied  by  the  Quapaws,  the  Seneca  Tribe,  formerly   known  aa 

the  Senecas  of  the  Sandusky,  and  the   Senecas  and   Shawrkaes,  formerly 

■   .  known  as  the  Senecas  and  Shawnees  of  Louistown,  as  the  said  countries  are 

described  and  their  limits  defined  in  the  treaties  with  the  said  several  nations, 

tribes  and  bands  of  Indians,  are  hereby  annexed  to,  and  shall,  for  all  the 

purposes  of  this  act,  constitute  and  continue  an  integral  part  of  the  Cha- 

lah-ki  judicial  district  hereby  established. 

Jurisdiction  of     Skc.  3.  And  be  it  further  enacted,  That  the  jurisdiction  of  each  court 

theconrtco-exten- jjei'einafter  created  shall  b^  co-extensive  with  the  limits  of  the  district  for 

JfThl^i'Mri'l't'"'''' '^^^^^'^■^^  ^*^  '^  created,  as  such  district  is  hereinafter  defined. 

Di-uict  court  to  Sec.  4.  And  be  it  further  enacted ,  That  in  each  of  the  said  two  districts 
be  liekl  seini-an- there  is  hereby  created,  and  shall  hereafter  be  held,  semi-annually,  a  district 
Dually  in  ejch  dis-^.Qij,,^  ^jj^-  I^Ij^j  (JQj^Cy^jgj.jjjg   States,  with  such  jurisdiction   in   such   matters, 

civil  and  criminal,  to  such  extent  and  between  such  parties  as  is  hereinafter 

provided. 

Appointment  of     Skc.  5.  And  be  it  further  enacted.  That  there  shall  be  appointed  by  the 

judges.  President  of  the  Confederate  States,  by  and  with  the  advice  and  consent  of 

the  Senate  or  the  Provisional  Congress,  one  judge  of  the  district  courts  of 

the  (-onfederate  States  for  the  said  Cha-hdi-ki  and  Tush-ca-hoin-ma  districts. 

Where  to  reside,  who  shall  re.side  permanently  in  one  or  the  other  of  said  districts,  and  hold 

Term  ot  office,   j-^jj.  Qfj^,.p  flnring  the  tei'm  of  four  years;  and  there  shall  also  be  ap})ointed 

mars*h'aL-.  and    at- <^"6  marshal  and  one  attorney  for  each  of  said  districts,  all  of  whom  shall 

torneys.     Term  of  hold  their  offices  during  the  term  of  four  years,  and  reside  permanently  in 

office.     Residence,  tliei I-  respective  districts. 

Fees  and  salary      Sec.  6.  And  be  it  further  enacted,  That  the  attorneys  shall  receive  the 

<of  attorneys.  same  fees  and  salary  as  are  now  allowed  to  the  disti'ict  attorneys  for  the 

Fees  of  marshals,  ■western  district  of  Arkansas;  and  the  marshals  shall  each   be  entitled  to 

the   same   fees   as   are   now   allowed    to   the   mai'shal   for   the   western 

district  of  Arkansas;  and  each  such  marshal  shall  also,  in  addition,  be  paid 

Competisaiion   for ^wo   hundred    and    fifty    dollars   annually,    as    a   compensation  for  extra 

extra  services.  services. 

.Tudges  to  ap-  Sec  7.  And  be  it  further  enacted.  That  the  district  judge  for  the  Cah- 
poinc  e'.eiks  and  ]ah-ki  and  Tush-ca  hoin-nia  distiicts  shall  appoint  a  clerk  and  may  also  be 
interpreters.  interpreter  for  eat^h  Indian  laiiguMge  spoken  in  the  district,  for  ea<di  of  the 

Clerk  to  act  as  district  courts  over  which  he  presides.  Each  of  said  clerks  shall  also  be 
regi«ter  in  chance- (iig  ,.po-ister  in  (diancery.  ^lla!I  hold  his  oflice  during  the  pleasui'e  of  the 
Wheie'elcrks  office  ^'•*^^'''-'  *'''^"  k<-^<?p  his  otHce  at  the  place  where  the  court  is  held,  shall  receive 
to  be  kept.  the  same  fees  and  compensation  as  are  now  allowed  by  hnv  to  the  clerk  of 

Fees  and  com-  the  district  court  for  the  western  district  of  Arkansas,  and  shall  be  qualified 
pensation.  j^^  |jj.^  manner,  and  perform  like  duties  as  the  clerks  of  other  district  courts 

Duties.  1 

P.iy  uf  interpre- of  the  Confedesate  States.  Each  interpreter  shall  be  employed  during  the 
ters.  pleasure  of  the  court,  and  paid  such  compensation   as  the  judge  shall  fix, 

Qual  fieation  .and  not  exceeding   three  dollars    per  day,  for  each    day  of  the  session.     The 
bond  of  marshals,  marslials  shall  give  bond  and  be  qualified  like  the  u]arshals  of  the  Con  fed- 
Marshals,  clerks  crate  States  in  otiier  districts  ;  and  the  marshals,  clerks  and  interpreters 
and  interpreters  to  g]^,^]}  |,g  selected  from  among  the  citizens  of  the  Choctaw   or  Chickasaw 
amon -the citizens. '1"^^  Cherokee  nations,  respectively. 

Whrre   district      Sec.  8.  And  he  it  further  enacted.  That  the  district  court  for  the  Ttish- 
courts  to  bo  held,   ca-honi-ma  district  shall  be  held  at  Boggy  depot  in  the  Choctaw  Nation; 
and  that  the  district  court  for  the  Cha-lah-ki  district  shall  be  held  at  Tah- 
lequah,  in  the  Cherokee  Nation,  or  at  the  seat  of  government  of  the  Cher- 
okee Nation,  whenever  that  shall  be  removed  from  Tahlequah  to  any  other 
point  or  place. 
Terms  of  court;      Sec.  9.  Ajid  be  it  further  enacted,  That  tlie  terras  of  said  district  court 
when  to  beholden,  for  the  district  of  Cha-lah-ki  shall  be  holden  on  the  first  Mondays  of  March 


PROVISIONAL  CONGRESS.      Sess.  V:      Ch.   79.       1862.  27$ 

and  September ;  and  the  said  district  court  for  the  district  of  Tusli-ca-lioin- 
ma,  sliall  be  holden  on  the  third  Mondays  of  April  and  October  in  each 
and  every  year. 

Sec.  10.  And  he  it  further  enacted,  That   in  all  criminal  trials  in  said     Trialhyjury. 
district  courts,  and  in  all  suits  therein  at  common  law,  the  right  of  trial  by     Pmscmtiona  for 
jury  shall  remain  inviolate;  and  prosecutions  for  all  offences'hereby  made  ^ '^^" '- ®^  com- 
coornizable  in  said  disti'ict  courts,  shall  be  commenced  by  prescntincnt  0Y'T']Zt^^J\J'X 
indictment  or  a  grand  jury.  menr. 

Sec.  11.  And  be  it  further  enncted.  That  each  of  the  said  district  courts  .  Criminal  juris- 
shall  have,  possess  and  exercise  criminal  jurisdiction,  co-extensive  with  the  ^"^'"'°' 
limits  of  the  district,  to  try  and  punish  persons  guilty  of  anv  otfence  ai^ainst 
the  laws  of  the  Confederate  States,  in  force  within  the  district,  the  punish- 
ment whereof,  when  there  committed,  is  provided  for  by  law,  or  treaty  of 
the  Confederate  States ;  and  to  enforce  the  execution  "of  all  laws  of  the 
Confederate  States,  declared  to  be  in  force  in  the  Indian  country,  or  within 
the  limits  of  an  agency  i-eserve,  or  of  the  forts  or  military   posts  therein.  ' 

And  the  said  district  courts  shall  respectively  have  jurisdiction  to  try,  con- 
demn and  punish  offenders  against  any  of  such  laws  or  treaties,  to  ailjudf^e 
and  pronounce  sentence,  and  cause  execution  thereof  to  be  done,  in  the 
same  nianner  as  is  done  in  other  district  courts  of  the  Confederate  States; 
to  which  end  each  of  said  district  courts  shall  possess  the  powers  hei-eto- 
fore  possessed  by  circuit  courts  of  the  Unite(i  States,  so  far  as  the  same 
shall  be  necessary  to  carry  out  the  provisions  of  this  act,  or  of  the  treaties 
with  the  several  Indian  nations,  tribes  and  bands. 

Sec.  12,  And  he  it  further  enacted,    That  each   of  said   district  courts    Admiralty  jurls- 
shall  have  the  same  admiralty  jurisdiction  as  other  district  courts  of  the '^'<='''^°- 
Confederate  States  again-^t  persons  residing,  or  vessels  and  other  subjects 
of  admiralty  jurisdiction  found  within  the  district;  and  in  all  civil  suits  at     Jurisdiction    io 
law  or  in  equity,  ^vhere  the  matter  in  controversy  is  of  greater  value  than  '^'^''^  (^a-i^s. 
live  huiKlred  dollars,  between  a  citizen  or  citizens  of  any  State  or  States  of 
the  Confederate  States,  or  of  any  Territory  or  Province  of  the  same,  or  an 
alien  or  aliens,  and  a  citizen  or  citizens  o<»  the  district,  or  a  person  or  per- 
sons residing  therein  ;  which  jurisdiction  shall  be  exercised  in  such  manner 
and  with  like  pleadings  and  process,  as  in  other  district  courts  of  the  Con-     riendinga  an  d 
federate  States.  proccs«. 

_  Sec.  13.  And  he  it  further  enacted.  That  the  said  district  courts  for  the      No  jurisdiction 
districts  of  Tush-ca-hoin-ina  and  Cha-lah-ki,   respectively,   shall   have   no  °^*^'"  "ffi^nces  coin- 
jurisdiction  to  try  and  punish  any  person  for  any  offence"  committed  l)rior  jj^'t';'^*';^  a'cc"Tc"d 
to  the  12th  day  of  July,  in  the  year  of  our  Lord  one  thousand  eight  bun-prior  tVIi^TUiu 
dred  and  sixty-one,  in  the  said  Tush-ca-hom-ma  district;  or  prior  to  the  penof^s. 
seventh  day  of  October,  in  the   same  year,  in   the   Cha-lah-ki   district,  as 
hereby  constituted  ;  nor  shall  any  action  in  law  or  equity  be  maintained  in 
the  said  district  court  of  Tush-ca-hom-ma  district  where  the  cause  of  action 
accrued  before  the  twelfth  day  of  July,  in  the  year  of  our  Lord  one  thou- 
sand eight  hundred  and  fifty-eight;  and  in  the  said  district  court  of  the 
Cha-lah-ki  district,  where  the  cause  of  action  accrued  before  the  seventh 
day  of  October,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
sixty-one  ;  except  where  the  action  is  brought  by  the  Co'nfederate  States,     Exception. 
or  by  a  State  of  the  Confederacy,  for  its  oi'their  own  use  and  benctits. 

Sec.  14.  And  be  it  further  enacted,  That  each  of  the  said  district  courts      Further    jur;?- 
shall  have  jurisdiction  in  all  civil  suits  instituted  by  the  Confederate  States,  ^^'<"''"»    'i  e  i  v  i  l 
or  by  one  or  more  States  of  the  Confederacy,  against  anv  person  or  persons^  '''''*"' 
whether  white  men  or  Indians,  residing  or" found  v/ithin  the  district;  and     Practice  in  cItII- 
in  all  civil  suits  the  same  practice  shall  govern,  the  same  proceedings  be  <'=»^«?- 
had  in  all  respects,  before  and  after  judgment  or  decree,  and  the  same^osts     Costs. 
be  adjudged,  and  be  in  the  same  manner  collected,  as  now  in  the  district 
court  of  the  Confederate  States  for  the  Western  District  of  Arkansas  •  and 
18 


874  PROVISIONAL  CONGRESS.    Sess.  V.     Ch.  79.     1862. 

Forms  of  procoBs.  the  forms  of  all  original,  mesne,  and  final  process  shall  be  the  same  as  aro 

now  used  in  that  court. 

Proceedin*rs  t  o      Sec.  15.  A)id  be  it /u7-tker  enacted,  That  all  the  proceedings  in  said  courts 

h)  in  the  English  j^^all  be  had  and  recorded  in  the  English  language;  and  no  person  shall 

"^ Who^competent ^*^  competent  to  serve  as  a  juror  who  is  not  a  citizen  of  the  district;  that 

ij  rferve  as  jurors,  all  citizens  of  the   district,  being  free  males,  without  mixture   of  negro 

blood,  and  over  the  age  of  twenty-one  years,  if  competent  by  the  general 

rules  of  law,  shall  be  competent  to  serve  as  jurors,  preference  being  given 

ILow  jury  coa-  to  those  who  can  speak  and  understand  the  English  language  ;  and  every 

ciicuted  when  In-  Indian  tried  in  said  courts  having  the  light  to  a  jury  of  one-half  of  his  own 

'practTc'e  i  u  "fition  ;  that  the  practice  in  all  criminal  cases  therein,  including  the  right 

criminal  cusls.       of  challenge  of  jurors,  shall   be   the   same   as  in   the  district  court  of  the 

Cuiifederate  States  for  the  western  district  of  Arkansas;  and  that  within 

the  sphere  of  its  jurisdiction   hereby  defined,  each  of  said  courts  shall  bo 

invested  with  the  same  powers  as  said  district  court  of  the  western  district 

•Validity  and  au- of  Arkansas;  its  proceedings  shall  have  the  same  validity  as  those  of  that 

thentica  1 1  0  n    o  f  court,  and  shall  be  authenticated  in  the  same  mode  and  have  the  like  faith 

r  rocoedmgs.  ,  ,.,  , 

'  ^  and  credit  everywhere. 

Juries    where      Sec.  16.  And  be  it  further  enacted,  That  when  any  white  person,  not 

white  persons  -'ire  j^    birth,  adojitioii,  or  otherwise,  a  citizen  or  member  of  any  Indian  nation 

pat  on  trial.  •'       .,      '  *   ,       ;  .  i  •       •      i    ,>       i    i       ,  i     n    i  •     i    • 

or  tribe,  as  such  citizenship  is  denned   by  law  or  treaty,  shall   be  tried  in 

either  of  said  district  courts  for  any  criminal  ofi'ence,  such  person  shall  be 

entitled,  upon  demand,  and  as  of  riglit,  to  a  jury  of  white  men,  to  obtain 

Venire  facias,     which  a  writ  of  venire  facias  may,  if  necessary,  issue  to  the  marshal  of  an 

adjoining  district  in  a  State,  commanding  him  to  summon   a  panel  of 

twenty  pereons  to  serve  as  jurors  in  the  given  case,  which  writ  shall   be 

Attendance  may  served  by  such   marshal,  and   the   attendance  of  the  panel   compelled,  if 

,.  ^?,™i^"' °     "  y  necessary,  bv  attachment ;  and  out  of  such  panel  and  tahTelsmen,  summoned 

No  challenge  ofin  like  manner,  it  necessary,  the  jury  shall  be  selected,  no  challenge  being 

juror  except  forin  such  case  allowed  the  prisoner,  except  for  cause. 

'^-•^^'^-  Sec.  1*7.  And  be  it  further  enacted,  That  all  existing  provisions  of  law, 

tbe  powers,  Ac,  o't'^'fi^^^^ii^g  to  the  powers,  duties  or, modes  of  proceeding  and  action  of  the 

tae  district  courts  district  courts  of  the  Confederate  States,  of  a  general  nature,  not  locally 

of  the  C.  S.  to  ap-  inapplicable  and  not  contrary  to  the  provisions  of  this  act,  shall   extend 

Effect  of  iudg-  ^^^^  ^PPb'  ^'^  ^^^'^  district  courts  ;  that  their  judgments  and  decrees  shall 

m&nts  and  decrees,  have  the  same  effect  as  those  of  such  other  courts,  and  sales  of  property 

,^'*^P'".op^'"*^^  thereunder  shall  be  made   and   evidenced,  and  title   thereby  pass,  in  the 

caas  ^^      '  ®    "  same  manner  as  under  judgments  and  decrees  of  said  district  court  for  the 

western  district  of  Arkansas. 

Common    law      Sec.  18.  And  be  it  further  enacted.  That  the  common  law  of  England 

aiii   statute  s   o^  ^,^^  j^j-^^  statutes  of  England,  of  a  general  nature,  made  prior  to  the  fourth 

prior   to'  July   4,  day  of  July,  seventeen  hundred  and   seventy-six,  in   aid  of,  and  modifying 

iVY6,  to  govern  in  or  adding  to,  the  common  law,  so  far  as  the  same  have  not  been  changed, 

ea-oh  district.  altered,  annulled   or  repealed   by  the  laws,   customs   and  usages  of  the 

Cherokee  nation,  shall   govern   in   each  of  said  districts,  in  all  matters 

within  the  civil  jurisdiction  of  the  said  district  courts. 

Felony:   how      Sec.  19.  Aiid  be  it  further  enacted.  That,  whenever  any  person  is  con- 

puniBhed.  victed  of  any  oftence,  amounting  to  felony,  at  common  law,  or  by  statute, 

in  either  of  the  said  district  courts,  and  part  of  the  punishment  inflicted  is 

imprisonment,  such  punishment  shall   be  imprisonment  and  confinement  at 

tmprisoumenf.    hard  labor,  for  the  whole  term  adjudged ;  and  it  shall  be  lawful  for  the 

court  by  which  the  sentence  is  passed,  to  order  the  same  to  be  executed  in 

any  State  prison  or  penitentiary  in   an  adjoining  State,  the  use  of  which 

may  be  allowed  by  the  Legislature  of  the  State  for  such  purpose,  and  the 

Expenses  to  be  expenses  attendant  upon  the  execution  of  such  sentence  shall  be  paid  by 

paid  by  C.  S.         tj^g  Confederate  States. 

Bills  of  exeep-      Sec.  20.  And  be  it  further  enacted,  That  bills  of  exceptions,  writs  o 


PROVISIONAL  CONGRESS.     Sess.  V.     Ch.  80, 81.     1862.  2T5 

error,  and  appeals  from  the  decisions  of  each  of  said  district  courts,  shall  tlnns,  writ?  of  error 
be  allowed,  and  may  be  taken  to  the  sujjreine  court  of  the  Confederate  ^°  -^VV^^  ^• 
States,  in  the  same  manner  and  under  the  same  regulations  as  from  other 
district  courts  of  the  Confederate  States,  where  the  value  of  the  property 
or  the  amoimt  in  controversy,  to  be  ascertained  b}'  the  oath  of  either 
party,  or  of  any  other  competent  witness,  shall  exceed  one  thousand  dol- 
lars;  but  in  cases  involving  the  question  of  title  to  slaves,  such  writs  of 
error  or  appeals  shall  be  allowed  to  and  decided  by  the  said  supreme  court, 
without  legard  to  the'  value  of  the  matter,  property  or  title,  in  controversy; 
and  from  any  decision  of  either  of  said  courts,  or  the  judge  of  either,  upon 
any  wi'it  of  habeas  corpus,  involving  a  question  of  personal  freedom,  a  writ 
of  error  or  appeal  shall  be  allowed  to  said  sui)reme  court. 

Sec.  21.  And  be  it  further  enacted,  That  writs  of  error  shall  lie  to  the     Writsof  error  in 
supreme  court,  in  behalf  of  the  accused,  from  the  decisions  of  the  said  district  """inal  cases, 
courts,  in  all  criminal  cases  where  the  life  or  liberty  of  the  accused  is  put 
in  jeopardy  ;  and  the  writ  of  error  in  such  cases  shall  operate  [as]  a  super-     When    writ   o  f 
sedeas  when  it  is  so  directed  by  the  judge  of  the  district  court,  or  by  a'^^^^rUTas.^  *' 
judge  of  the  supreme  court;  and  the  supreme  court  shall   provide  such' 
rules  for  the  regulations  of  this  remedy  in   error  as  shall  prevent  abuse 
tliereof,  or  the  escape  of  persons  accused  of  crime. 

Sec.  22.  And  be  it  further  enacted,  That  the  district  judge   for  the     Salaries  of  the 
Cha-lah-ki  and  Tush-ca-hom-ma  districts  shall  receive  an  annual  salary  of  ^"^"c*  J»"^ges- 
twenty-five  hundred  dollars,  to  be  paid  quarter-yearly  from  the  date  of  his 
commissiom,  at  the  Treasury  of  the  Confederate  States  ;  and  there  shall     Contingent   ox- 
be  appropriated  annually  the  sum  of  one   thousand  dollars  to  defray  the  l^«°^««°f'"'»'^'»- 
contingent  expenses  of  each  of  said  courts. 

Sec.  23.   And  be  it  further  enacted,  That  this  act  shall   take  effect  as  to     When  this  act  to 
each  nation,  tribe  or  band  therein  named,  from  the  date  of  the  ratiiication  '^'"^  '=^°°'- 
of  the  treaty,  by  such  nation,  tribe  or  band. 

ArpuovKD  February  15,  1862. 


Chap.  LXXX. — Ait  Act  to  provide  fur  an  increase  of  the  Quart''rmai>ter  and  Commissary  February  15,  li 

Dvpartments.  


The  Congress   of  the   Confederate    States  of  America  do  enact,  That     Appointment  of 
in  addition   to   the   number  of   quartermasters,   assistant  quartermasters, 'i"'""-*^'"™=^/ '•*'.'■  ^ 
commissaries  and   assistant  commissaries,  now  allowed   o)' law,  the  1  resi- j^j      ^j.^j^^^^      j^^ 
dent  shall   have  authority  to  appoint  as  many  of  said  officers,  as  shall,  in  and  depots, 
his  discretion,  be  deemed  necessary  at  pei'inanent  posts  and  depots ;  said 
appointments  to  terminate  at  the  close  of  the  war,  or  sooner,  if  the  services 
of  the  officer  can   be  advantageously  dispensed  with :  Provided,  That  no-  •  ,' 

quartermaster,  assistant  quaitermaster,  commissary  or  assistant  commissary ,^ 
be  authorized  to  employ  a  clerk  ;  but  the  commanding  officer  of  quarter- 
masters, assistant  quartermasters,  commissaries  or  assistant  commissaries, 
shall  detail  from  the  ranks  under  his  command  such   person  or  }>ersons  as     Poraons  may  be 

mav  be  necessarv  for  service  in  the  offices  of  said  quartermasters,  assistant   ^*^^^^    '"''™  *. 

•■  .         .  .  .   t     .  '  rauks  to  serve  in 

quartermasters,  commissaries  and  assistant  commissaries.       "  their  offices. 

Approved  February  15,  1802. 


Chap.  LXXXI. — An   Act  concerning  the  pay  and  alloicanceg  due  to  deccaeed  foldiem,  FohTuaxy  15, 1S6S. 

The  Congress  of  the   Confederate  States  of  America  do   enact,  That  „  ^^^,  ^"'J  '''^^''^: 
,  1     11  1  1  11  .'  .         ,  anccuue  deceased 

he  pay  and  allowances  duo  to  any  deceased  volunteer,  non-commissioned  soldiers. 


276  PROVISIONAL  CONGRESS.     Sess.  V.      Ch.  82, 83.    1862. 

To  whom  paid,    officer,  musician,  or  private,  in  the  army  of  the  Confederate  States,  shall  be 

paid  to   the  widow  of  the  deceased,  if  living;  if  not,  to  the  children,  if 

liny  ;  and  in  default  of  widow  or  children,  to   the  father,  if  living,  and  if 

not,  to  the  mother  of  such  deceased  volunteer. 

Payment  to  Le      Sec.  2.   The  pay  and  allowance  due   as  aforesaid  shall   be  paid  by  the 

made  by  the  pay-    jj      .^gj^gj.  Qj.  pj-opg^.   officer  charffed  with   the   payment  of  the  troops,  to 

master,    upon    the  1    •'  1       i  &  +       i-  i  ti       •      J 

pav-roll  made  out  the  person  Or  persons  entitled  to  the  same,  or  to  liis  or  her  autijonzed 
and   certified  by  agent,  attorney,  or  guai'dian,  upon  the  pay-roll   made  out  and  certified  by 
captiua^or    com- j^j^g  captain  or  commanding  oflicer  of  the  company  to  which  the  deceased 
°  •    .^^^g  attached,  which  pay-roll  the  captain  or  commanding  officer  as  afore- 

said shall  make  out  and  deliver  to  the  person  or  persons  entitled  to  such 
pay  and  allowance,  or  to  his,  her  or  their  authorized  agent,  attorney,  or 
guardian,  and  shall  state  in  such  pay-roll  the  name  of  the  deceased  volun- 
teer, the  company  and  regiment  to  which  he  was  attached,  and  the  date 
of  his  enlistment  and  death ;  and  the  paymaster  or  officer  to  whom  said 
pay-roll  shall  be  directed,  shall  pay  the  same  according  to  the  tenor  thereof, 
and  shall  file  such  pay-roll  with  the  pay-rolls  of  the  army. 
Approved  February  15,  1862. 


Pobruary  15.  1SC2.  Chap.  LXXXII. — An  Act  to  provide  for  tJic  convection  of  the  railroad  from  Sehna,  in 
___ Alabmna,  to  3Ieridian,  in  ilinsiisijjpi. 

Preamble.  Whereas,  The  President  in   his  message  of  the  iVth  of  December,  has 

expressed  the  opinion  that  the  completion  of  the  Mississippi  and   Alar 
baraa  River  Railroad,  so  as  to  connect  Selina,  in  Alabama,  with  Meridian, 
Mississippi,  is  indispensable  for  the  successful  prosecution  of  the  war,  in 
■which  opinion  Congress  fully  concurs;  Now,  therefore, 
Advancement  to      The  Congress   of    the    Confederate  States  of  America  do   enact,  That 
complete  the  rail-  t]ie  President  be,  and  he  is  hereby,  authorized  to  advance  to  the  President 
'rccn  "sdmal'^Ala'^  ^^"^  Directors  of  the  Alabama  and  Mississippi  River  Railroad  Company, 
bama,  and  Meri-  the  sum   of  one  hundred   and  fifty  thousand   dollars,  for  the  purpose  of 
dian,    Misassippi.  completing  the  railroad  connection  between  Selma,  in  i\labama,  and  Meri- 
dian, in  Mississippi,  upon  such  terms  and  conditions  as  he  may  deem  best 
to  secure  the   early  completion  of  said  railroad  connection,  and  to  secure 
the  return  of  the  money  so  advanced. 
Approved  February  15,  1862. 


Fehriiary  17   1862.  Chap.  LXXXIII — An  Act  to  define  and  estahlivh  the  compensation  of  members  of  the 
•  Congress  of  the  Confederate  States  of  America,  in  reference  to  mileage. 

Mileage  allowed  Tlie  Congress^  of  the  Confederate  States  of  America  do  enact,  That 
to  members  o  1' jj^  addition  to, the  compensation  allowed  by  law  to  members  of  Congress, 
UavolTinff  by  other  each  member  for  each  session  shall  be  allowed  eight  dollars  for  every 
than  railroad  o  r  twenty  miles,  actually  and  necessaiily  travelled  by  other  than  railroad  or 
steamboat  traa  s- steamboat  transportation,  in  coming  from,  and  returning  to,  his  place  of 
portation.  residence  from  the  place  where  the  Congress  may  assemble,  in  lieu  of  the* 

mileage  now  allowed  over  said  space. 
Approved  February  17, 1862. 


PROVISIONAL  CONGRESS.    Sess.  V.    Ch.  84,85,  86.    1862.  277 

Chap.  LXXXIV._.4n  Act  repeal  an  act  therein  named.  February  17.  1862 

anI!t%Srr'v^  ^/;e  (7o./.rf.ra/.  States  of  America  do  enact.  That  J  Act  of  Jan.  22". 
of  Milon  t^  IV  ""f/"^  P'-o;'de  for  raiding  and  organizin<r,  in  the  State  I8r>2.  (See  ant.. eh! 
S.;!!"        1        \   ""''  ^'■"'"l"  ^^'"  ^^'^  .P'ovisional  array  of  the  Confederate  ^'.'^  l^'-°^'<^'"-^  f"' 

Approved  February  17,  1862. 


the^Pre&;fth?r^r'^'^"'f  '^'Yl  <  ^""•'■^•«  ^^'^  ^^^^  That     Cop.,    to   be 
n'tructcd^^^^^  *^;T  ^''  '""^   ''"   ''   Hereby,  authorized  and --l->f  .ho  jour- 

instructcd  to   have  prepared,  by  persons  selected  by  him  and  sworn  to '"^'''  ""^  '^^  ^'^''^'- 
secrecy,  two  copies  of  the  journals  of  the  Provi^^^n  .1  Pm,,  I  *i,    "'"""'  Consroes 

proccedinjrs  , -.ft  1,,.  Pr..,,.     .•  ".  ,   ^^  ^ '"o^'sional  Congress,  and  the  and  of  the  pro- 

Hiort   r^LfV     •  r. ''V^'"^  ^^'^^"^^^  the  Provisional  and   Per-cecdings  of  Vh  0 

wTeLni  od^    "^      '^?'  Confederate   States,  which,  after  having  ^<--^-"- 
c^^d^ni^^^-  -rl^  be  sealed  an^^^V..e.o.   of 

r       nfd   W  th^'  r-:?' -d  ''':  W  ^  ^'"^^"«^  Cene^^ld  the  oC" 
atrsLihui'Jrrf'f   of  the  Congress;  and   the   originals  of  the     Who.  original. 
taiTof  ^tie     .11    f    'T    ,'     "'''^'  ?''^"  ^'  ^^I^^-'^*^^  ^'t^^   tl'*^  Secre-^ol>^d«Po«itfd. 
tSr   e.?f  ^.iblef,  'M  t?"''  '''"i,?^-=S!"^^«  ^^^^  be  preserved,  with     Copies  and  ori- 
Con'rlt  Vt  r^     f  ^^^    i   ^^'"'  P^b^'^^'-^tion  shall  be  ordered   by  the  s^-'^  to  be  pro- 
v-ongicbs  ot  the  Confederate  States.  ''         served  with  their 

Appro VKD  February  17,  1862.  *"'^'  unknown. 


Vfl^^^lu  Jl^r^Ctl::':;^te'l^:^'^nd  i^'S^£7'^r^  cvmcly,pri.tu,g,  February  17,1862 

additiona    clerk  in  the  DeT,n>-h,o„i  ^f  t    ,•     ,,         provnCe  for  the    njypiuntmcnt  of  an 

and  si^cty  one.  ^  ' """"  ""^  "'"''""^'    «^/"-«"'^'^  ^  ":?"*'  /l/'A,  «'>Afe.-„  ^„/drerf      Act  ofl^i^ 

leci    2  o J-  ] 


1861,  §  2,  amended' 


Tj^e    (7o»^^,-m  0/'   //,,   Confederate  States  of  America  do  enact    Th.t     t 
the  laws   and    r^sn  ii+;r^r>o   ,.^      •      j    i.  •,      •      ^incciau   uo    enaci,    itiat      Laws  and  reeo- 

gazetted  shall  b?^    M  ?  7''"?,'^  ^/  '''^  ""*  *«  ^"^   published   in  the  >»<-'-  to  be  pub- 
onTmonth  •  and  tl  ^'-«J^b%  for  two  weeks,  instead  of  weekly  for ''^^  '°  ^'^  ^'^■ 

page,  as  therein  pro^^ided.  '         ""^  "^  '"'  ^'^^''  ^"^  ^  ^^^*^  per  allowed. 

autt^:i^\h^Atttno'^rl:'1'r  '^  '"i"''  ^.^  '^°  ^^^"^^"^  ^  '^  ^^'^  of  A„,.  3. 
provisional  and  no^-mnnTr^''^^  ^^'''^  *^'-««  thousand  copies  of  the  1861,  ?..  amen^de.!. 
KnnJ  1  ;  .>  i  '^"''"^  Constitutions,  and  of  all  the  acts  and  resolu  P^ovisiouaJ  and 
tions  and  treaties' of  the  Provisional  Govorn,nnnf  f  ♦!  n  ^?  ^  ^'"•'==»"«'^t  Con- 
States  which  are  not  secret  to  b<  n^  bl-l!..!-  ^  ""  Confederate  «titutio„.  and  act«, 
•of  the  present  session  nfP             P"bLshed  in  one  volume,  at  the  close  *c..  to  be  pubJi^h- 

and  indl^et  as T-vide^d  in tf'St"""^'"^'  '"^"^  "'^'  '''''^-'^''  °«^-' ''  '^  '''  '''^^" 

in  '^ryre^^X^Z:^^':^!  "f  f  'l'^  r\  ""'^  ^'  ^"^J^^^'     ^^°'--  P  «  b  - 
except  that   if  mner  otMhV/     if  .°^  ''^"'^'  *^"'  '•'  amendatory;  H.bed  to  besSbjeot 

h*^  ni\.'     A       ^-i^  *^^  ^l"''^''^  required  by  the  previous  act  cannot '"'benctofAuis, 

be  obtained,  such  paper  may  be  used  as  th^  SupLintendent  Ttho  Je^|i; -;p:/^  ^< 


S78  PROVISIONAL  CONGRESS.     Sess.  V.     Ch.  87, 88.     1862. 

Proviso  as   t o  Bureau  of  Printing  may  select :  Provided,  That  the  Attonery  General 
binding.  .^^^  posti^oue  the  binding  in  calf  until  one  year  after  the  termination  of 

the  present  war ;  and  he  may  cause  the  volume  published  under  this  act 
[to  be]  so  bound,  without  regard  to  the  number  of  pages. 
Approved  February  17,  1862. 


February  17,  1862.  ^^A^-  LXXXVII. — An  Act  to  make  dhpoaition  of  negro  slaves  captured  from  hotiile 
. Indians. 

Captured  negro  The  Congre&s  of  the  Confederate  States  of  America  do  enact,  That 
slaves  belong  in  gall  negroes  who  are  slaves,  belonging  to  hostile  Indians',  who  are  mem- 
Indians'' to  be'de^-  ^^^^  '^^  citizens  of  any  one  of  the  tribes  of  Indians  friendly  ip  this 
livered  to  the  Su- government,  and  who  have  been,  or  may  hereafter  be,  captured  by  troops 
perintendent  of  or  persons  in  the  service  of  the  Confederate  States,  shall  be  delivered  to 
J^^^;^^^^J^^^;''"'^'^4.he  Superintendent  of  Indian  Affairs  west  of  Arkansas. 

Notice  by  Sup't  ^EC.  2.  That  said  Superintendent  shall  carefully  inform  himself  of 
to  Head  Chief  of  the  persons  and  tribes  to  whom  each  negro  belongs,  and  shall  promptly 
the  tribe.  notify  the  Executive,  or   Head  Chief  of  the  proper  tribe  or  tribes,  to 

Delivery  of  ue-i'^ceive  the  same,  at  some  convenient  place,  and  shall  deliver  said  negro 

groes  to  the  Head  or  negroes,  to  said  Executive,  or  Head   Chief  of  said   friendly  tribe  or 

^h^\  \i'^  ^'"^^  tribes,  as  captured  property,  to  be  held  by  said  tribe  or  tribes  until  such 

provisions  and   orders  shall  be   made  by  this  government  as  shall  seem 

just  and  wise,  and  shall  take  receipts  for  the  same. 

Sup't  to  make  Sec.  3.  That  the  said  Supreintendent  shall,  at  or  before  the  time  of 
out  record  of  the  such  delivery,  make  out  a  record,  showing  the  name  and  age  and  value 
^^i°!f!'o  "f  f^  f'j^'^of  *^^<^'^i  slave  received  by  hiiu,  and  shall  report  the  same,  and  the  fact 

val  uesottne  iii-  i  t  ••  ni        i>       -i 

slaves,  and  report  01  such  delivery.  Or  other   disposition   of  each  of  said   negroes,  to  the 

the  same  to  Com-  Commissioner  of  Indian   Affairs,  together  with   all   the   facts   of  time, 

^'^^'Tff"^-  place  and  circumstances  of  the  capture,  and  by  whom  captured  ;  but  in 

diaR  Affairs.  ^  ,  i        •  -,    ^  •  ^  ■  n 

Free  negroes  DO  case  shall  any  tree  negro  who  is  so  captured  be  given  up  by  virtue  oi 

captured  not  to  be  this   act. 

fcuen  up.  Approved  February  17,  1862. 


February  17  1862.  Chap.  LXXXVIII. — An  Act  to  fix  the  date  at  which  the  bounty  shall  he  paid  to  soldiers 
. enlitting  for  the  ivar. 

When  bounty  to       The  Congress  of  the  Confederate   JStates  of  America   do   enact,  That 

i>e  paid  to  fokliers  the  bounty  of  fifty  dollars,  allowed  by  existing  laws  to  soldiers  enlisting 

enlisting  for  the^^^j,  ^|^g  ^^j.  ^j.  re-enlisting  for  two  years,  or  recruited,  shall  be  payable 

as  soon  as  the  volunteer  entitled  thereto  shall  have  been  sworn  into  the 

Confederate  service,  and  shall  have  been  pronounced  by  any  surgeon,  or 

assistant  surgeon  of  the  Confederate  States,  after  inspection,  as  being  fit 

and  able  to  do  military  service. 

Approved  February  17,  1862. 


PROVISIONAL  CONGRESS.     Sess.  V.     Res.  1, 2, 3.     1862.  27^ 


RESOLUTIONS. 


[No.   1.]     A  rcnoUui'jn  authoriziuff  (he  transfer  of  j'und/i  to  foreign  parts.  ICoveinl)Cr2t),1861. 

Resolved  In/  the  Congress  of  the  Confederate  States  of  America,  That  Secretary  of  tbe 
the  Secretaiy  of  the  Treasury  be  authorized  to  trausfer  and  pl^<^e  on  ..^^^"'''"pj^.^*"^  j.^^ 
deposit,  in  the  hands  of  any  ibreign  banker,  such  amount  of  money,  not  funds  int  o  t  h  « 
exceeding  two  millions  of  dollars,  as  the  public  exigencies  may  require,  h/mds  of  any  for- 
and  that  he  be  authorized  to  make  the  transfer,  by  remittance  of  bills  or*'*^"  ^^^  "'"■ 
shipment  of  produce  as  he  may  deem  most  advantageous. 

Approved  November  2G,  1861. 


tyo.  2.]     A  resolutloti  for  the  relief  of  the  "  Lumherton  Guarde,"  {Compani/  />,)  Second  December  3,  1861, 
Regiment  North  Carolina   Volunteers.  — 

Whkrkas,  it  appears  that  the  company  of  volunteers  known  as  Company  Pn-mable. 
J),  of  the  second  regiment  of  North  Carolina  volunteers,  now  serving 
at  Sewcll's  Point,  in  Virginia,  (having  been  organized  prior  to  the 
admission  of  the  State  of  North  Carolina  into  the  Confederacy,)  was 
enlisted  i'or  the  period  of  six  months  onl}-,  and  has  been  erroneously 
enrolled  for  the  period  of  twelve  months ; 

Resolred  hi/  the  Cofifjress  of  the  Confederate  States  of  America,  That  PrcT^idont  .autbi 
the  President  be,  and"  he  is  hereby,  authorized  to  discharge  the  said  "f^^^  <"  'i'''thar«^ 
company  at  tlie  expiration  or  six  months  irom  the  period  wlien  tney  ,j„nr,^a  •>  2d  reui- 
were  sworn  in  and  mustered  into  the  service  of  North  Carolina,  accord- men t  N.  C.  volaa- 
ing  to  the  terms  of  their  enlistment  as  aforesaid.  '•"-"'■*• 

ArPKOVED  December  3,  1861. 


[No.   3.]     A  resolution  of  (hmiJcs   to  Major  General  Sterling  Price,  and    the  rijjlcers  and  jy^^^^^^y^^^  g    1861. 
soldiers  wider  his  command ,  for  gallant  and  mtritorious  conduct  in  the  present  war.       ^_._ 

Be  it  resolved  b>/  the  Conr/ress  of  the    Confederate  States  of  America,      Tbiuik.'"  of  Con- 
That  the  thanks  of  the  people  of  the  Confederate  States  are  eminently  p:l•o^s  tendered  t-^ 
due,  and  are  hereby  tendered,  to  Major  (Jcneral  Sterling  Price,  and  the  ^';^.^^'^  ^nd  VtTo 
Missouri  army  under  his  command,  for  the  gallant  conduct  they  have  Missouri  army  nr>- 
dlsplayed  throughout  their  .<crvice  in  the  present  war,  and  especially  for  derhls  comtnaml. 
the   skill,  fortitude   and    courage  by  which   they  gained   the   brilliant 
achievenieut  at  Lexington,  ]\lissouri,  resulting,  on  the  twentieth  day  of 
September  last,  in  the  reduction  of  that  town  and  the  surrender  of  the 
entire  Federal  army  there  employed. 

Be  it  firther  resolved,  That  a  copy  of  this  resolution  be  communicate<l     Resolution  to  be 
by  the  i*resident  to  General  Price,  and,  through  him,  to  the  army  then  c^'m"i«nicated. 
under  his  command. 

Approved  December  3, 1861 


880  PROVISIONAL  CONGRESS.     Sess.  V.    Res.  4,  5,  6.     1861. 

Dd(>.  o,  18G1.         [No.  4:.]      ResohitionH  of  thanks    to  Major  General    Leonidas    Polk,    Brigadier    General 

Gideon  J.  Pillow,  Briijadicr  General  Benjamin  F.  (Jheathcnn,  and   ihc  officers    and  aol- 

dier-i  under  their  com  hi  on  d,  for  gallant  and  dialinguinhed  services  in  the  presait  war. 

Praamble.  WllEREAS,  Under  the  Provideuce  of  God,  the  valor  of  the   soldiers  of 

the  Confederate  States  has  added  another  glorious  victory,  achieved  at 
Belmont,  in  the  State  of  Missouri,  on  the  seventh  da}'  of  November 
last,  to  tho.se  which  had  been  so  graciously   vouchsafed  to  our  arms, 
Avliereby  the  reduction  of  Columbus,  in   the  State  of  Kentucky,  has 
been  prevented,  and  the  contemplated  descent  of  the  enemy  down  the 
Mississippi  river  effectually  stayed  ;  Therefore 
Thanks  of  Cou-      Be  it  resolved,  hy  tha  Corujress  of  the  Confederate  Siafea  of  America, 
wTor  G^e^'^Poik^^^i'^^'  ^^^^  thanks  of  Congress  are  most  hearti'ly  tendered  to  Major  General 
BriT.  Generals  Pil- Leonidas  Polk,  Brigadier  General  Gideon  J.  Pillow,  Brigadier  General 
Ju^y  and  Cheailuim  Benjamin  F.  Cheatham,  and  the   officers   and   soldiers   of  their  gallact. 
**'d  '■,'^i-^,'^  .'^'^'^j"  commands,  for  the  desperate   courage  they   exhibited   in  sustaining  for 
U.oh- cvmmand.      several  hours,  and  under  most  disadvantageous  circumstances,  an  attack 
by  a  force  of  the  enemy  greatly  superior  to  their  own,  both  in  numbers 
and  appointments;  and  for  the  skill  and  gallantry  by  which   they  con- 
verted what  at  first   threatened  so   much   disaster,   into   a   triumphant 
victory. 

Rvsolved,  further,  That  these  resolutions  are  intended  to  express  what 
is  believed  to  be  the  grateful  and  admiring  sentiment  of  the  whole  people 
of  the  Confederacy. 
Rjsolufons  tjbc      Besolced  further,  That  they  be  communicated   to  the   commands   of 
coijiEunicfikd.       Mi;jor  General  Polk,  Brigadier   General  Pillow,  and   Brigadier  General 
Cheatham,  by  the  proper  departmcjit  of  the  government. 
Approved  December  6,  1861. 


Dec.  14,  1301.       [Xo.  5. J     A  resolution  to  make  an  advance  to  the  State  of  South   Carolina,  on    account  of 
her  claims  against  the  Confederate  States. 


Advance-  to  the       The  Congress  of  the  Gemfederatc   States  of  America  do  resolve,  That 
StiteofSouth  Cur- t]^e  g^^,^  of  two  hundred  and  fifty  thousand  dollars   be,  and   is   hereby, 
hi^r^clafm^b 'a'^rinst  appi"*^pi'i^'ted,  as  an  advance  on  account  of  any   claims  of  the   State   of 
dL,.  c.  S.      ""         South  Carolirui  upon  the  Confederate  State.^;  and  that  the  same  be  paid 
to  such  person  as  may  be  authorized  by  the  Legislature  of  South  Caro- 
lina to  receive  the  same. 

Approved  December  14,  1861 


Dec.  16,  l.Si>I.       [No.  6.]     A  resolution  opjwinling  John  ]).  Morris,  <f  Kenlvcky,  a  receiver  xtnder  the  act 
■  of  sequestration,  ajiproved  August  fhirt'eth,  eighteen  hundred  and  sixty-one.. 


John  D.  Men-is,       The  Congress  of  the  Confederate  States  of  America  do  resolve,  That 

of  Kentucky,  ap-j(jlin  I).  Morris,  appointed  by  the  government  of  Kentucky,   as  their 

'!''!i!!^'!u"'  '^''"'''^'^*''*^  special  commissioner,  to  secure  the  co-operation  of  the  Confederate  States 

traXion  act  of  Aug.  lu  the  Sequestration  oi  the  property,  efiects  and  credits  ot  certain  bankiug 

30, 18€!.  corporations  of  the  said   State,  be  hereby  clothed  with  the  powers  of  a 

receiver,  under  the  act  for  the  sequestration   of  the   property   of  alien 

enemies,  approved  thirtieth  of  August,  eighteen  hundred  and  sixty-one, 

throughout  the  Confederate  States,  and  as  such,  he  alone  be  authorized 

to  ascertain,  seize  and  sequestrate  the  property,  effects  and  credits  of  all 

the  banking  corporations,  of  the  said  State,  that  may  have  made  loans. 


PROVISIONAL  CONGRESS.     Sess.  V.     Res.  7,  8.     1861.  231 

or  extended  pecuniary  aid  to  the  United  States,  or  the  government  of 
Kentucky,  waginf^  war  against  the  Confederate  States;  and  when  so 
sequestrated,  instead  of  paying  the  same  into  the  Treasury  of  the  Con- 
federate States,  shall  account  for  and  pay  over  the  same  under  his  com- 
mission, to  the  government  of  Kentucky. 
Approved  December  10,  1861. 


[No.  7.]      A  rciolution  of  thankn  to  Brigadier  Gtnfrol   N.  G.    Ei-nrig  ond  thf  officers  and       Po'\  1?,  18C!. 
soldiers  under  his  command,  for  their  gallant  conduct  I'n  the  battle  of  Lccsburgh. 

t 

Be  it  rcRolvr.d  b>/  the  Covffress  of  the  Confcdrratc  States  of  Amcn'ra,     Thank-i  of  Con-* 
That  the  thanks  of  Congre.4  are  due,  and  are  hereby  tendered  to  Brig- K'"^°*'  G!.n'^''Eva^ 
adior  General  N.  C  Evans,  and  the  officers  and  soldiers  under  his  com- and  bis  cmmainl 
mand,  for  the  brilliant  victory  achieved  by  them   over   largely  .superior 
forces  of  the  enemy  iu  the  battle  of  Leesburg/i. 

Appuoved  December  18,  1861. 


[N'o.  3.]     Bciulutinyis  rclatitig  to  ^fari/land.  Deo.  21,  IrtlJ!. 

Whereas,  The  State  of  Maryland  has  suffered  the  same  wrongs  which  Prearub:?. 
impelled  these  Confederate  States  to  withdraw  from  the  Ignited  States, 
and  is  intimately  associated  with  these  States  by  geographical  situa- 
tion, by  mutual  interest,  by  similarity  of  institutions  and  by  enduring 
sentiments  of  reciprocal  aiiiity  and  esteem;  and  yhn-cmt,  it  is  believed 
that  a  large  majority  of  the  good  people  of  Marylan<l  c'.rnestly  desire 
to  unite  their  State  with  the  Confederate  States,  a  desire  which  is 
proved  to  exist  even  by  the  violent,  extraordinary  and  tyrannical 
measures  employed  by  our  enemy  to  restrain  the  expression  thereof: 
and  ichcreas,  the  Government  of  the  United  States,  by  imprisoning 
members  of  the  Legislature  of  Maryland,  by  establishing  powerful 
armies  of  foreign  troops  within  that  State  and  along  her  borders,  and 
by  suppressing  with  armed  force  the  freedom  of  speech  and  of  elec- 
tions, has  prevented  the  people  and  their  representatives  from  adopting 
the  political  connection  which  they  prefer,  and,  in  revenge  of  their 
preference,  has  inflicted  upon  them  many  outrages,  and  established 
over  them  a  ■foreign  despotism:  and  whereas;,  the  accession  of  Mary- 
land to  this  Confederation  will  be  mutually  beneficial,  and  is  essential 
to  the  integrity  and  security  of  the  Confederate  I'nion  ;  Be  it  there- 
fore— 
First.   Rcsoh-cd  hj  the  Congress  of  the  Confederate  States  of  America,  ^  ,^'j^^u""'r''°    ?  ^ 

That  the  suff"erings  of  the  good  people  of  Maryland,  under  the   oppres- pe'"pio    If  Marv* 

sion  of  our  enemy,  excite  our   profound   sympathy,  and  entitle  them  to  land. 

speedy  and  efficient  exertions  on  our  part  for  their  relief.  Dosirc  to  facillJ 

Seco7id.    That   it   is  the   desire  of  this   government,   by   appropriate  of  Marvland'to'tho 

measures,  to  facilitate  the  accession  of  Maryland,  with  the  free  consent  C.  S. 

of  her  people,  to  the  Confederate  States.  No  poan-  t<>  ho 

Third.  That  no  peace  ought  to  be  concluded  with  the  llnited  States,  5oes\"orln,urt'tt 

which  does  not  ensure  to  Maryland  the  opportunity  of  forming  a  part  of  her  thu  opportuni- 

this  Confederacy.  «y  of  formiujr    a 

Approved  December  21,  1861.  fedcracy.*  "     ^^ 


282  PROVISIONAL  CONGRESS.    Sess.  V.  Res.  9,  10,  Tl.   1862. 

Jan.  10,  1862.       [No.  9.]     Jiesolution  of  thanks  to  Colonel  Edward  Johnson,  his  officers  and  men  for  ter- 
— vices  in  the  battle  of  Alleghany  Mountain. 

Thanks  of  Con-  First.  Resolved  hy  the  Congress  of  the  Confederate  States  of  America ^ 
^ress  teudered  tar[,j^^^  the  thauks  of  Congress  are  due,  and  are  hereby  tendered,  to  Colo- 
Col.  Ldward  John-        ,   T^  ,  1    T    1  1     i      ,1  fP  1  11-  1 

son  and  to  the  of-  "61  Jiidward  Jonnson,  and  to  the  omcers  and  men  under  his  command, 

ficers  and  mon  un-  for  gallant  and  meritorious  services  at  the  summit  of  Alleghany  Moun- 

derhia  con-inand.  t^in,  in  Virginia,  on  the  thirteenth  day  of  December,  eighteen  hundred 

and  sixty-one,  when  for  more  than   six  hours,  they,   with   remarkable 

courage  and  constancy,  sustained  an  assault  made  upon  their  position  by 

fourfold  their  number,  and  finally  drove  the  enemy  in  disorder,  and  with 

heavy  loss,  from  the  field. 

Resolution  to  bo      Second.  That  the  foregoing  resolution  be  communicated  to  said  com- 

c  nnmanici  e  .       mand,  by  the  Secretary  of  War,  and  be  made  known  in  general  orders. 

Approved  January  10,  1862. 


Jan.  22,  lS''i2.  [No.  10.]     A  rcnolution  in  reference  to    the  arms  of  the  volunteers  for  twelve  months. 

Arms  of  volun-      Resolved  hi/  the  Congress  of  the  Confederate  States  of  America,  That 

tecrs  to    be  kept  ^iig  military  exigencies  of  the  Confederate  States  render  it  absolutely 

of  the  President,   i^ecessary  that  the  arms  of  the  volunteei'S  now  in  the   service  should  be 

kept  within  the  control  of  the  President  of  the  Confederate  States;  so 

that  whenever  the  present  volunteers  shall  be   discharged   from  service, 

the  arms  may  be  placed  in  the  hands  of  others. 

Approved  January  22,  18G2. 


Feb.  3,  1862.        [No.  11.]     A  resolution  supplemental  to  the  resolution  entitled    "A  resolution  appointing 

• —       John  D.   Morrim,    if  Kentuelcy,  a    Vfceiver    under   the  act    of  sequestration,   approved 

August  thirtieth,  eitjhtcen  hundred  and  sixty-one,"  and  which  loas  approved  hy  the  Prca- 
dent  on  the  sixteenth  of  December,  eighteen  hundred  and  sixty-one. 

Evidence  admis-  The  Congress  of  the  Confederate  States  of  America  do  resolve,  That 
sible  in  cases  in- in  all  cases  in  any  court  of  the  Confederate  States  instituted  by  authority 
»rUl-t  ^<-  °  •  of  the  above  mentioned  resolution,  whenever  it  shall  appear  to  the  court 
tucky,  uuder  au-  ^hat  the  documentary  evidence,  or  witnesses,  necessary  to  establish  the 
thority  of  resolu-  facts  alleged  in  the  petition,  and  authorize  the  judgment  of  the  court, 
tioa  of  Dec.  16,  j^j.g  gJtuated  within  the  territorial  liinit.s  occupied  by  the  public  enemy, 
1861,     appointing^,  ^  -      •.      i-  ,•  i     •,  ,i      i         •         ,i      A^n-      •  .- 

him  receiver  under  the  court  may,  in  its  discretion,  admit  on  the  hearing  the  loUowing  arti- 

-scquestration  act.  cles  of  documentary  and  testimonial  proof:  First,  a  copy  of  any  report 
or  enunciation  of  the  bank  that  it  had  loaned  or  extended  pecuniary  aid 
to  the  United  States  or  the  (lovernment  of  Kentucky,  waging  war  against 
the  Confederate  States ;  and'  such  report  or  enunciation  may  be  read 
from  what  shall  appear  to  be  a  copy,  or  statement  of  its  substance  in  the 
journals  or  session  acts  of  the  Legislature  of  Kentucky,  or  from  any 
periodical  journal  of  the  State  published  within  the  dominions  of  the 
enemy,  or  testimonial  proof  of  the  substance  of  the  contents  of  such  docu- 
ments. Second,  Testimonial  proof  in  parol,  in  letters  or  any  other  form 
of  paper  writing,  of  the  admission  of  the  president  or  cashiers  of  the  bank, 
that  such  loan  or  pecuniary  aid  had  been  made  or  afforded  to  the  enemy. 
Third,  Circumstantial  evidence  of  facts  from  which  the  facts  necessary 
to  make  out  the  case  are  fairly  inferable.  But  in  every  case  the  offer  of 
euch  proof  shall  be  accompanied  with  the  afiidavit  of  the  receiver  that 
he  believes  the  facts  which  .such  evidence  tends  to  prove  are  true. 
Approved  February  3,  1862. 


PROVISIONAL    CONGRESS.      Sess.  V.     Res.   12.     1862.  283 

[No.    12.]     .4  reaolution    in    regard   to  the  transfer  of  certain    Indian  trust  funds  to  the      Fob.  6,  1862. 

Confederate  States,  ■ — — 

Resolved  hy  the  Congress  of  the  Confederate  States  of  America^  That    Indemnity  to  the 

the  Government  of  the  Confederate  States  hereby  afrrees  to  indemnify  ^''"'^^  ^^^l^'^-lt'" 
.,  ,    CI  f     1  •      /-I      f   1  -1  !•   1  •!•       <^'i   account  ot  the 

the  several  otatea  or    this   uoniederacy,   against  any    loss  or   iiabihty  transfer   by  thtm 
incurred  by  them  because  of  the  payment  or  transfer,  on  the  part  of  the  t"  the  C.  S.  of  funds 
said  several  States  to  the  Government  of  the  Confederate  States,  of  any  J?^"^"8*°^. Jj^^   ^°" 
stocks,  bonds  or  funds,  belonging  to  certain  Indian  Tribes,  or  members  mejnbcrs  thereof, 
thereof,  in  pursuance  of  the  acts  of  the  Congress   of  JMay  twenty-first, 
eighteen  hundred  and  sixt^^-one,  and  January  tenth,   eighteen  hundred 
and  sixty-two. 

Approved  February  6,  18G2. 


284  PROVISIONAL  CONGRESS.     Sess.  V.     Ch.  1,  2.   1862; 


PRIVATE  ACTS  OF  THE  PROVISIONAL  CONGRESS 


OF    THE 


CONFEDERATE     STATES 


Passed  at  the  fifth  session  of  the  Provisional  Congress,  icJiich  was 
hegun  and  held  at  the  City  of  Richmond,  on  Monday,  the  eighteenth 
day  of  November,  1861,  and  ended  on  the  eighteenth  day  of  February, 
1802. 

Jefferson  Davis,  President.  Alexander  II.  Stephens,  Vice- 
Pre.side!it  of  the  Confederate  States.  Howell  Cobb,  President  of 
the  Conjrress. 


Jua.  16,  18C2.       Chap.   I. — An  Act  to  reward  the  loyalty  of  the  Principal  Chief  of  the  S.minole  Nation. 


TLo  loyalty  of      Tlic   Congress  of  the   Confederate   States  of  America  do  enact,  That 
Hemha  Mieoo  .oi' the  President  of 'the   Confederate   States  be   authorized   to   present  to 

John  Jumper, pnn-  tit  •     •  n       •  i  •       a.i 

cipal  chief  of  the  Hemha  jlicco,  or  John  Jumper,  a  commission,  conierring  upon  him  tne 
Sominole  Nation,  honorary  title  of  Lieutenant  Colonel  of  the  army  of  the  Confedei*ate 
rowarduil.  States,  but  without  creating  or  imposing  the  duties  of  actual  service  or 

command,  or  pay,  as  a  complimentary  mark  of  honor,  and  a  token  of 
good  will  and  confidence  in  his  friendship,  good  faith  and  loyalty  to  this 
government,  and  to  procure  and  present  him  with  a  complete  uniform  of 
that  rank  and  grade,  a  sabre  and  a  Maynard  rifle,  with  a  liberal  supply 
of  ammunition  for  the  same.  And  the  sum  of  two  hundred  and  fifty 
dollars  is  hereby  appropriated  for  the  purchase  of  the  said  uniform  and 
arms. 

AiTROVED  January  16,  18G2. 


Jan.  23    18'62.  Chap.  II. — An  Act  for  the  relief  of  Dillon  Jordan  and  F.  Glackinyer. 

AccouDtsof  Dil-  Tlie  Congress  of  the  Confederate  States  of  America  do  enact.  That 
GrackmTr^"fo^-^^^  Postmaster  General  cause  the  account  of  Dillon  Jord on  and  F.  Glack- 
poatai  services  to  ^jsi";  for  postal  services  rendered  by  them  respectively,  for  the  Confed- 
be  nudited.  crate  States,  at  Montgomery,  Alabama,  and  Pensacola,  Florida,  between 

the  twenty-ninth  day  of  January    and   the    first  June,  eighteen  hun- 
R  pport     to  dred  and  sixty-one,  [to  be  audited]  and  that  he  report  to  this  Congress 
Congre.-^s  tlier'.'on.   yf\^^i  sums  will  be  a  just  and  proper  compensation  to   said   parties  res- 
pectively for  said  services. 
Approved  January  23,  1862. 


PROVISIONAL  CONGRESS.     Sess.  V.      Ch.  3,  4,  5.    1862.  285 

Chap.  III.— ^In  Act  for  the  relief  of  A.  B.    Noyf.s,  collector  of  the  port  of  St.  Marks,      Jan.  23,  1862. 

Florida.  — 


TTie  CojiffresK  of  the    Confederate   States  of  Anurix-a  do  enucf,   That     A.  B.Noycs,  col- 
A.  B.  Noyes,  collector  of  the  port  of  St.   Marks,  Florida,  be  allowed,  i"  I,7s7j,f^ri!\%Pl'^r- 
the  settlement  of  his  accounts  with  the  Treasury  Department,  the  sum  ;(].j  (^  be  allowed 
of  seven  thousand  eight  hundred  and  eighty-four  dollars  and  eighty-one  accrt.dn  credit,  for 
cents,  for  and  on  account  of  the  duties  accruing    upon  a  cargo  of  iron,  •'\"'\"".^*^''°""'.  ^'^ 
entered,  bonded,  and  put  in  warehouse  at  that  port,  on  the  second  dayof^,p(J^  ^  "certain 
October,   eighteen   hundred   and   sixty,   by  the  Pensacola  and   Georgia  cargo  of  iron. 
Railroad  Company,  and  which  said  iron  was  delivered  on  the  twenty-fifth 
day  of  March,  eighteen  hundred  and  sixty-one,  by  order  of  the   Gov- 
ernor of  .said  State,  to  the  said  railroad  company,  without  the  payment  of 
the  duties  due  thereon  to  the  said  collector  :  Provided  alwaiys,  That  this  act     Proviso, 
shall  not  be  so  construed  as  to  waive  any   rights  which  the  Coufederate 
States  may  have  against  the  State  of  Florida,  for  the  future  payment  of 
the  duties  so  due  upon  the  said  railroad  iron. 

Approved,  January  23,  1862. 


Cn\P.   IV. — An  Act  to  provide  for  the  compeniintion  of  G.  11.    Oury,  dch gate  from  Ari-      Feb.  11,  1S62. 
zona,  for  hi«  attendance  at  this  aestioii  of  CongrcsH.  • 


The  CoHip-ess  of  the  Confedcrnte  States  of  Avirrica  do  enact,  That  Pn j  and  inileaK* 
G.  H.  Oury  be  entitled  to  ten  cents  a  mile  for  coming  to  the  city  of  •'''^^- ";  ^"^y- !^°'- 
Richmond,  Virginia,  and  returning  home,  to  be  estimated  by  the  usual  j,'^^  f^j.  bis  nttend- 
route  of  travel,  and  to  eight  dollars  a  day  during  this  session  of  Con- anceui  tlds  session 
gress,  from  the  date  of  the  approval  of  an  act  to  organize  the  Territory  *^^  Congress. 
of  Arizona,  to  be  paid  in  the  same  manner  provided  by  law  for  the  com- 
pensation of  members  of  Congress. 

[Approved]  February  11,  18G2. 


Chap.  V. — An  Act  appropriating  thr  i>um  of  one  thousand  one  hundred  and  ten.  twenty-      Feb.  15,  1862. 

two  hundredths  dollars  for    the  relief  of  the    Mobile    and    Great    Northern    Railroad • 

Company,  being  the  difference  between  fifteen  and  twenty-four  per  cent,  duty  on  railroad 
iron  paid  at  Pensacola,  in  May,  eighteen  hundred  and  si.vty  one. 

The    Cnngreas  of  the    Confederate    States  of  America  do  enact,  Thiii   Appropriation  for 
for  the  purpose  of  carrying  into  effect  the  second  section   of  an   act  an- ll' '"'.  f,l'',f!"  ,"L  *^t 

1    VI  n  •    ^  1111-  .      JMobile  anu    (.rreat 

proved  May  twenty-tirst,  eighteen  hundred  ;ind  sixty-one,  entitled  "An  Northern  llailroiwl 
act  to  define  with  more  certainty  the   meaning  of  an   act  entitled  'An  Company. 
act  to  fix  the  duties  on  articles  therein  named,' approved  March  fifteenth, 
eighteen  hundred  and  sixty-one,"  the  sum  of  one  thou.sand  one  hundred 
and  ten,  twonty-two   hundredths  dollars,  be,  and   the  same  is    hereby 
appropriated,  out  of  any  money  in   the   Treasury   not   otherwise  appro- 
priated, to  be  paid  to  William  D.  Dunn,  President  of  the   Mobile   and 
Great  Northern  Railroad  Company,  being  the  difference  between  fifteen 
and  twenty-four  per  cent,  duty  on  railroad  iron  of  the  value  of  twelve 
thousand  and  three  hundred  and  thirty-five  seventy-five  hundredths  dol- 
lars withdrawn  from  warehou.ses  at   Pensacola  in   the  month  of  May, 
eighteen  hundred  and  sixty-one. 
Approved  February  15,  1862. 


286  TROVISIONAL  CONGRESS.    Sess.  V.    Ch.  6,  Res   1.    1862. 

Feb.  15    1862.      CiiiP.   VL — An  Ad  to  compensate  Billon  Jordan    and  F.   Glackmcyer,  for   services  ren- 
_ dcrecl   the  government. 


Corapensatlou  to  The  Congress  of  the  Confederate  States  of  America  do  enact,  That 
Dillon  Jordan  and  tiie  fj^n^  of  four  hundred  and  fourteen  tliirty-sis  one  hundredths  dollars 
!•'.  Glackmcyer,  for  ^  paid  to  DiUon  Jordan,  of  Pensacola,  Florida,  out  of  any  monies  in 
services    rcuucreu         i  .'  •        i    •      o  n   p  •  j        j 

tlie  government,     the  Treasury  not  otherwise  appropriated,  in  lull  lor  services  rendered,  as 

reported  by  the  Postmaster  General ;  and  the  further  sum  of  four  hun- 
dred dollars  is  hereby  appropriated,  out  of  any  money  in  the  Treasury 
not  otherwise  appropriated,  to  be  paid  to  F.  Glackmcyer,  in  full,  for  ser- 
vices similarly  reported. 

ArrPvOVED  February  15,  18G2. 


RESOLUTION, 


Pol     1 ''    1R62       [No.  1.]      Rcsiiution  in    relation  to  payment   to   diehuising  clerk    of   appropriation  for 
"   '       ' \ removal  of  the  seat  of  government. 

Widow  of  Sam'l  Resolved,  That  the  committee  on  the  removal  of  the  seat  of  govern- 
Molvin,  deceased,  ment,  be  authorized  from  the  appropriation  for  that  object,  to  pay  to  the 
tobopaid  f"'"  cor- ^j^o^  ^f  ganiuel  Melvin,  the  deceased  disbursing  clerk,  two  hundred 
/er^atytbrdece- dollars  for  the  services  of  the  said  clerk  in  disbursing  the  said  appro- 
dent,  priation. 

Approved  February  1-5,  1862. 


INDIAN  TREATIES. 


TREATY  WITH  THE  CREEK  NATION, 

JULY  lOTH,  18(31. 


A  TRINITY  OP  FIUENDSIIIP  AND  ALLIANCE, 

Mtde  and  coiicluledat  the  North  Fork  Village,  on  tha  North  Fork  of  the  July  10.  1?C1. 
Canadian  rioer,  in  the  Creek  Nation,  wa^t  of  Arkam^as,  on  the  tenth  "' 
(la.i/  of  Jahj,  ill  the  year  of  our  Lord,  one  thouaand  ciijht  hundred 
and  ttixty-one,  bitireen  the  Confederate  States  of  America,  hy  Albert 
Pik".,  C)m>nis.iioncr,  with  plenary  jwwers,  of  the  Confederate  States, 
of  the  one  part,  and  the  Crerk  Nation  of  Indiana,  by  its  Chiefs,  Head 
Men  and  Warrujrs  in  General    Council  assembled,  of  the  other  part. 

The  (ruigro-i-i  of  tho  GDiife-ieratc  State?  of  America,  having,  by  "An  Preamble, 
act  for  the  protostiou  of  certain  Indian  tribes,"  approved  the  t\veuty- 
first  day  of  May,  in  the  year  of  our  Lord,  one  thousand  eight  hundred 
and  sixty-one,  oifered  to  assume  and  accept  the  protectorate  of  the  ^ 
several  nations  and  tribes  of  Indians  occupying  the  country  west  of 
Arkansas  and  Missouri,  and  to  recognize  them  as  their  wards,  subject  to 
all  the  rights,  privileges  and  immunities,  titles  and  guarantees  with 
each  of  said  nations  and  tribes  under  treaties  made  with  them  by  the 
United  8t  .tes  of  America  ;  and  the  Creek  Nation  of  Indians  having 
assented  thereto  upon  certain  terms  and  conditions  : 

Now,  therefore.,  the  said  Confederate  States,  by  Albert  Pike,  their 
Gjiumissioner,  cjiistitated  by  the  President  under  authority  of  the  act 
of  Congress  in  their  behalf,  with  plenary  powers  for  these  purposes,  and 
the  Creek  NatiiMi,  in  Creneral  Council  assembled,  have  agreed  to  the 
following  articles,  that  is  to  say  : 

Articlk  I.  There  shall  be  perpetual   peace  and   friendship,  and  an   Peace  and  fiiend- 
alliance    offensive    and  defensive,   between    the   Confederate    States   of  ^'^'l'  P^Tetual. 
America,  and  all  of  their  States  and   people,  and  the  Creek  Nation  of 
Indians,  and  all  its  towns  and  individuals. 

ARTloriE  II.  The  Creek  Nation  of  Indians  acknowledges  itself  to  be     Terms  upon 
under  the  protection  of  the  Confederate   States  of  America,  and  of  no  ^^I'is'*  'lie  Coi.fod- 

,  ^  .  ,     ,  1    1    ,,    1         1         .•       1  1  enite  States  assume 

other  power  or  sovereign  whatever;  and  doth  hereby  stipulate  and  agree  au.hicci'pttho  prj- 
with  them  that  it  will  not  hofcafter,  nor  shall  any  of  its  towns  or  indi- tjuiomtu  oi"   th* 
viduals,  contract  any  alliance  or  enter  into  any  eompact,  treaty  or  agreement  ^"'''•'ck  naii(»n. 
with  any  individual  State  or  with   a  f)rcign    power:  Pi-ovided,  That  it 
may  make  such  compacts  and  agreements  with  neighboring  nations  and 
tribes  of  Indians  for  their  mutual  welfare  and  the  prevention  of  difficulties  , 

19 


290  TREATY  WITH  THE  CKEEK  NATION. 

as  may  not  be  contrary  to  this  treaty,  or  inconsistent  witli  its  obligations 
to  the  Confederate  States;  and  the  said  Confederate  States  do  hereby 
assume  and  accept  the  said  protectoi-ate,  and  recognize  the  said  Creek 
Nation  as  their  ward ;  and  by  the  consent  of  the  said  Creek  Nation, 
now  here  freely  given,  the  country  whereof  it  is  proprietor  in  fee,  as 
the  same  .s  hereinafter  defined,  is  annexed  to  the  Confederate  States,  in 
the  same  manner  and  to  the  same  extent  as  it  was  annexed  to  the  United 
States  of  America  before  that  government  was  dissolved,  with  such  . 
modifications,  however,  of  the  terms  of  annexation,  and  upon  such  con- 
ditions, as  are  hereinafter  expressed,  in  addition  to  all  the  rights, 
privileges,  immunities,  titles  and  guarantees  with  or  in  favor  of  the 
said  nation,  under  treaties  made  with  it,  and  under  the  statutes  of  the 
United  States  of  America. 
Boundaries  Arti-cle  III.  The  following  shall  constitute  and  remain  the  bounda- 

ries of  the  Creek  country,  viz:  Beginning  at  the  mouth  of  the  North 
Fork  of  the  Canadian  river,  and  running  northerly  four  miles;  thence 
running  a  straight  line  so  as  to  meet  a  line  drawn  from  the  south  bank 
of  the  Arkansas  river;  opposite  the  east  or  lower  bank  of  Grand  river, 
at  its  junction  with  the  Arkansas,  and  wliich  runs  a  course  south  forty- 
four  degrees  west,  one  mile,  to  a  post  placed  in  the  ground,  thence  along 
said  line  to  the  Arkansas  and  up  the  same  to  the  Verdigris  river,  to 
where  the  old  territorial  line  crosses  it;  thence  along  said  line  north  to 
a  point  twenty-five  miles  from  the  Arkansas  river  where  the  old  territorial 
line  crosses  the  same ;  thence  running  west  with  the  southern  line 
of  the  Cherokee  country  to  the  North  Fork  of  the  Canadian  river, 
where  the  boundary  of  the  cession  to  the  Seminole  Nation  defined  in  the 
first  article  of  the  treaty  between  the  United  States  of  America  and  the 
Creek  and  Seminole  Nations,  of  August  seventh,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  fifty-six,  first  strikes  said  Cherokee 
line;  thence  down  said  North  Fork  to  where  the  eastern  boundary  line 
of  the  said  cession  to  the  Seminole  Nation  strikes  the  same  ;  thence  with 
that  line  due  south  to  the  Can^rdian  river,  at  the  mouth  of  the  Ok-hai- 
ap-po,  or  Pond  creek  ;  and  thence  down  said  Canadian  river  to  the  place 
of  beginning. 
ABsent  of  the  ARTICLE  IV.  The  Creek  Nation  hereby  gives  its  full,  free  and 
Creek  uatioTi  to  act  uQqyyi;fjg^  asscnt  to  those  provisions  of  the  act  of  Congress  of  the 
tli3  protection  of  Confederate  States  of  America  entitled  "An  act  for  the  protection  of 
cortaia  I  n  d  i  a  n  Certain  Indian  tribes,"  approved  the  twenty-first  day  of  May,  in  the 
triljes.  ygar  of  our  Lord  one  thousand  eight  hundred  and  sixty-one,  whereby  it 

was  declared  that  all  reversionary  and  other  interest,  right,  title  and 
proprietorship  of  the  United  States  in,  unto  and  over  the  Indian 
country  in  which  that  of  said  nation  is  included  should  pass  to,  and  vest  in, 
the  Confederate  States;  and  whereby  the  President  of  the  Confederate 
States  was  authorized  to  take  military  possession  of  all  said  country; 
and  whereby  all  the  laws  of  the  United  States,  with  the  exception  here- 
inafter made  applicable  to,  and  in  force  in,  said  country  and  not  incon- 
sistent with  the  letter  or  spirit  of  any  treaty  stipulations  entered  into 
with  the  Creek  Nation  among  others  were  re-enacted,  continued  in  force, 
and  declared  to  be  in  force  in  said  country,  as  laws  and  statutes  of  the 
Proviso.  Confederate  States  :  Provided,  Jcoioever,  And  it  is  hereby  agreed  between 

the  said  parties  that  whatever  in  the  said  laws  of  the  United  States 
contained,  is  or  may  be  contrary  to,  or  inconsistent  with,  any  article  or 
provision  of  this  treaty,  is  to  be  of  none  ^ect  henceforward,  and  shall, 
upon  the  ratification  hereof,  be  deemed  and  taken  to  have  been  repealed 
and  annulled  as  of  the  present  date,  and  this  assent  as  thus  qualified  and 
conditioned,  shall  relate  to,  and  be  taken  to  have  been  given  upon  the 
said  day  of  the  approval  of  the  said  act  of  Congress. 


TREATY  WITH  THE  CREEK  NATION.  891 

Article  V.  The  Confederate  States  of  America  do  hereby  guarantee  G  uarantee  of 
to  the  Creek  Nation,  to  be  held  by  it  to  its  own  use  and  behoof  in  fee  '"^^^^  to  the  Crock 
simple  fr-»rever,  the  lands  included  within  the  bouudai'ies  defined  in  the  ' 

preceding  article  of  this  treaty;  to  be  held  by  the  people  of  the  said 
nation  hi  common  as  they  have  heretofore  been  held,  so  long  as  grass 
shall  grow  and  water  run,  if  the  said  nation  shall  so  please,  but  "with  power  to  di.- pose 
power  of  making  partition  thereof  and  disposition  of  parcels  of  the  °^  them, 
same  by  virtue  of  laws  of  the  nation  duly  enacted  ;  by  which  partition 
or  sale,  title  in  fee  simple,  absolute,  shall  vest  in  parceners  and  pur- 
chasers, whenever  it  shall  please  the  nation  of  its  own  free  will  and 
accord  and  without  solicitation  from  any  quarter  to  do  so;  which  solici- 
tation the  Confederate  States  hereby  solemnly  agre-^  never  to  use,  and 
the  title  and  tenure  hereby  guaranteed  tu  the  said  nation,  is  and  shall  be 
subject  to  no  other  conditions,  reservations  or  restrictions  whatever  than 
such  as  are  hereinafter  specially  expressed. 

Aiiricr.E  Vr.  None  of  the  said  land.«  hereby  guaranteed  to  the  Creek     Land.^  not  to  be 
Nation,  shall  be  sold,  ceded,  or  otherwise  disposed  of,  to  any  foreign  ^"^'|  ^^'^"y '^^"••s" 
nation  or  to  any  State   or  government  whatever;  and  in  case  any  such  g^^^J^,  '^^j.    „°y^!'^, 
sale,  c3.^tiou  or  disposition  should   be   made  without  the  consent  of  the  mem.  whatever. 
Confederate  States,  all  the  said  lands  shall  thereupon  revert  to  the  Con-     Penally, 
federate  States. 

Article  VH.  The  Confederate  States  hereby  agree  and  bind  them-     Lamls    gran'od 
selves  that  in  guaranteeing  to  the  Seminole  Nation  of  Indians  the  coun- 1^'    .Sommok's   by 
try  granted,  ceded  and  conveyed  to  it  by  the  Creek  Nation,  by  the  treaty  ^.J]';!'  by"former 
of  the  seventh  day  of  August,  in   the  year  of  our   Lord   one  thousand  without  co  sent  of 
eight  hundred  and  fifty-six,  it  shall  be  provided  as  it  was  in  that  treaty, '"^tter. 
that  no  part  thereof  sliall  ever  be  sold,  or  otherwise  disposed  of,  by  the 
said  Seminole  Nation  without  the  consent  of  the  Creek  Nation  formally 
and  explicitly  given. 

Article  YIII.  The  Confederate  States  of  America  do  hereby  solemnly  No  St  .to  or  Ter- 
agree  and  bind  themselves  that  no  State  or  Territorj'  shall  ever  pass  laws  ritory  to  pat^s  law? 
tor  tlie  government  of  the  Creek  Nation  ;  and  that  no  portion  of  the  (^'r^eeiT^'^"'^^" 
country  hereby  guaranteed  to  it  shal'  ever  be  embraced  or  included 
within  or  anuescd  to  any  Territory  or  Province  ;  nor  shall  any  attempt  Greeks  not  to  be 
ever  be  m-ide,  except  upon  the  free,  voluntary  and  unsolicited  app^'ca- |^'^*'''''^^'i''j[^'jI"',^j1"jp° 
tion  of  the  said  nation,  to  erect  the  said  country,  b}'  itself  or  with  any  rial  or  pdiiical  or- 
othe'-,  into  a  State  or  any  other  territorial  or  political  organization,  or  s^uizauon  without 
to  inci)rporate  it  into  any  State  previously  created.  ^^*'''"  ^"''  °"°'°°*- 

Article  IX.  So  far  as  may  be  co?npatib!e  with  the  Constitution  of 
the  Confederate  States  and  with  the  1-iws   made,  enacted   or  adopted  in 
conformity  thereto,  regulating   trade   aud  intercourse  with   the   Indian 
tribes,  as  the  same  are  limited   and   modified^  by  this  treaty,  the  Creek     Government. 
Nation  shall  possess  the  otherwise  unrcbtrieted  ri_:ht  of  self-governtuent, 
and  full  jurisdiction,  judicial  and  otherwise,  over  persons  and  property 
within  their  limits;  excepting  only  such  white  persons  as  are  not,  by     Restrictions, 
birth,  adoption  or  otherwise   members  of  either  the  Creek  or  Seminole 
Nation;  and  that  there   may  be  no  doubt  as  to   tlic  meaning  of  this 
exceptioff,  it  is  hereby  declared   that  every  white   person  who,  having 
married  a  Creek  or  Seminole  woman,  resides   in   the  said  Creek  country, 
or  who,  without   intermarrying,  is  permanently  domiciled   therein  with 
the  consent  of  the  authorities  of  the  nation,  and  votes  at  elections,  is  to 
be  deemed  and  taken  to  be  a  member  of  the  said  nation,  within  the  true     Membership, 
intent  and  meaning  of  this  article;  and  that  the  exception  contained  in 
the  laws  for  (he  punishment  of  offences  committed  in  the  Indian  countr}*, 
to  the  effect  that  they  shall  not  extend  or  apply  to  olTeuccs  committed  by 
one  Indian  against  the  person  or  property  of  another  Indian,  shall  be  so      Pucisliiaeut  of 
extended  and  enlarged  by  virtue  of  this  article  when  ratified,  and  with-offcaoea. 


292  TREATY  WITH  THE  CREEK  NATION. 

out  further  legislation,  as  that  none  of  said  laws  shall  extend  or  apply  to 
any  offence  committed  by  any  Indian,  or  negro,  or  mulatto,  or  by  any 
such  white  person,  so  by  birth,  adoption  or  otherwise  a  member  of  such 
Creek  or  Seminole  Nation,  against  the  person  or  property  of  any  Indian, 
negro,  mulatto,  or  any  such  white  person,  when  the  same  shall  be  com- 
mitted within  the  limits  of  the  said  Creek  Nation  as  hereinbefore 
defined;  but  all  such  persons  shall  be  subject  to  the  laws  of  the  Creek 
Nation,  and  to  prosecution  and  trial  before  its  tribunals,  and  to  punish- 
ment according  to  such  laws,  in  all  respects  like  native  members  of  the 
said  Creek  Nation. 
Intruders  to  be  ARTICLE  X.  All  persons  who  are  not  members  of  either  the  Creek  or 
kept  out  of  t.he  gg,jjj„^^jg  ]\j;itiou,  found  in  the  Creek  country,  as  hereinbefore  limited, 
shall  be  considered  as  intruders,  and  be  removed  and  kept  out  of  the 
same,  either  by  the  civil  officers  of  the  nation  under  the  direction  of  the 
Executive  or  the  General  Council,  or  by  the  agent  of  the  Conl'ederate 
States  for  the  nation,  who  shall  be  authorized  to  demand,  if  necessary, 
the  aid  of  the  military  for  that  purpose ;  with  the  following  exceptions 
only,  that  is  to  say  :  Such  individuals,  with  their  families  as  may  be  in 
the  employment  of  the  government  of  the  Confederate  States ;  all  per- 
sons peaceably  travelling,  or  temporarily  sojourning  in  the  country,  or 
trading  therein  under  license  from  the  proper  authority ;  and  such 
persons  as  may  be  permitted  by  the  Creeks  or  Seminoles  with  the  assent 
of  the  agent  of  the  Confederate  States,  to  reside  within  their  respective 
limits  without  becoming  members  of  either  of  said  tribes. 
Hesftrvatiin  of  ARTICLE  XI.  The  tract  of  two  Sections  of  land,  selected  by  the  Pres- 
lands  for  Indian  i(Je„t,  of  the  United  States,  under  the  treaty  with  the  Creek  Nation, 
agencj.  Concluded  on  the  twenty-fourth  day  of  January,  in  the  year  of  our  Lord, 

one  thousand  eight  hundred  and  twenty-six,  at  which  the  Creek  Agency 
is  now  maintained,  and  whereon  the  public  buildings  of  that  agency 
have  been  erected  is  hereby  reserved  to  the  Confederate  States  in  the 
same  manner  as  the  same  was,  by  that  treaty,  reserved  to  the  United 
States,  and  is  not  included  in  the  guarantee  of  lands  aforesaid,  but  shall 
be  within  the  sole  and  exclusive  jurisdiction  of  the  Coniederate  States, 
except  as  to  members  of  the  Creek  or  Seminole  Nation  as  above  defined, 
all  offences  committed  by  whom  thereon  shall  be  punished  by  the  laws 
and  courts  of  the  said  nation  whenever  they  would  be  so  punished  if 
Proviso.  committed    elsewhere   in   the    nation :     Provided,     That   whenever   the 

agency  for  the  said   nation   shall   be   discontinued  by   the   Confederate 
States,  and  an  agent  no  longer  appointed,  the  said  tract  of  two  sections 
o-f  land  shall  pass  to  and  vest  absolutely  in  the  ('reek  Nation  in  the  same 
manner  as  its  other  lands  with  all  the  buildings  that  may  be  thereupon. 
Reservation    of      Abticle  XII.  The  Confederate  States  shall  have  the  right  to  build, 
lands    for     forts,  establish  and  maintain  such  forts  and   military  posts,  temporary  or  per- 
mihtary  poatH  and  jjjj^^gj^^^  ^^j  ^^  make  and  maintain  such   military  and   post-roads  as  the 
President  may  deem  necessary,  within  the  Creek  country ;  andthecjuau- 
tity  of  one   mile   square   of  laud,   including   each  fort  or  post,  shall  be 
reserved  to  the  Confederate  States,  and  within  their  sole   and  exclusive 
Restriction/'.       jurisdiction,  so  long  as  such  fort  or  post   is  occupied  ;    but  ifo  greater 
quantity  of  land  beyond  one  mile  square  shall  be  used  or  occupied,  nor 
any  greater  quantity  of  timber  felled  than  of  each  is  actually  requisite ; 
and  if  in  th-c  establishment  of  such  fort,  post,  or  roads,  or  of  the  agency, 
the  property  of  any  individual  member  of  the   Creek   Nation,  or  any 
'  property  of  the  nation  itself,  other  than  land,  timber,  stone   and  earth, 

be  taken,  destroyed  or  injured,  just  and  adequate  compensation  shall  be 
made  by  the  Confederate  States. 
Right  of  w»y  for      ARTICLE  XIII.  The  Confederate  States  or  any  company  incorporated 
^rapbline-  by  them,  or  any  one  01  them,shall  liavethcright  of  way  tor  railroads  or  tele- 


TREATY  WITH  THE  GREEK  NATION.  293 

graph  Hues  through  the  Creek  country ;  butin  case  of  any  incorporated  com- 
pany, it  shall  have  such  right  pf  way  only  upon  such  terms  and  payment 
of  such  amount  to  the  Creek  Nation  as  may  be  agreed  upon  between  it 
and  the  national  council  thereof;  or,  in  case  of  disagreement,  by  making 
full  compensation,  not  only  to  individual  parties  injured,  but  also  to  the 
nation  for  the  right  of  way;  all  damage  and  injury  dune  to  be  ascer- 
tained and  determined  in  such  manner  as  the  President  of  the  Confede- 
rate States  shall  direct.  And  the  right  of  way  granted  by  said  nation 
for  any  railroad,  shall  be  perpetual,  or  for  such  shorter  term  as  the  same 
may  be  granted,  in  the  same  manner  as  if  no  reversion  of  their  lands  to 
the  Confederate  States  were  provided  for,  in  case  of  abandonment  by 
them,  or  of  extinction  of  their  tribe. 

Article  XIV.  No  person  shall  settle,  farm,  or  raise  stock  within  the     Farming  within 
limits  of  any  post  or  fort,  or  of  the  agency,  except  such  as  arc,  or  may  ^^*'  '"°"*  °^  *^°^ 
bo,  [in]  the  employment  of  the  Confederate  Statesin  some  civil  or  military  agcu'cj  pioLibiied. 
capacity,  or  such  as,  being  subject   to  the   jurisdiction  and  laws  of  the 
Creek  Nation,  are  permitted  by  the  commanding  officer  of  the  fort  or  post 
to  do  so  thereat,  or  by  the  agent  to  do  so  upon  the  agency  reserve. 

Articlk  XV.  The  Confederate  States  shall   protect  the  Creeks  from     Creeks  to  be  pro- 
domestic   strife,  from   hostile   invasion,   and   from    aggression   by  other '«cted  from  donice- 
Indians  and  white   persons  not   subject  to   the  jurisdiction  and  laws  of  j^^^^gj^^'g^^^"* ' " 
the  Creek  Nation,  and  for  all  injuries  resulting  from   such   invasion  orgressiou  by  othei 
aggression,  full  indemnity  is  hereby  guaranteed  to  the  party   or  parties  I«»dians,  Ac. 
injured,  out  of  the  Treasury  of  the  Confederate   States,   upon  the  same 
principle  and  according  to  the  same  rules  upon  which  white  persons  are 
entitled  to  indemnity  for  injuries  or  aggressions  upon   them   committed 
by  Indians. 

Article  Xv  I.  No  person  shall  hereafter  be  licensed  to  trade  with     License  ti  tradti 
the  Creeks,  except  by  the  agent,  and  with  only  the  exceptions  hereinafter  ^'*^ '^°  I^^'*''*- 
mentioned,  with  the  advice  and  consent  of  the  national  council.     Every 
such  trader  shall  execute  bond  to  the  Confederate  States  in  such  form  and 
manner  as  was  required  by  the  United  States,  or  as  may  be  required  by 
the  bureau  of  Indian  affairs;  and  hereafter  it  shall   be  in  the   powei"  of      Conditions  im- 
the  general  council  of  the  Creek  Nation  to  levy  and  collect  of  all  licensed  P°^^^- 
traders  a  tax  not  exceeding  one  and  one  fourth  per  cent,  on  the  first  cost 
of  all  goods,  wares  and  merchandise  hereafter  brought  by  them  into  the 
nation  for  sale  ;  which  first  costshall,  in  all  cases,  be  ascertained  from  the 
invoices,  copies  whereof  are  required  to  be  furnished  to  the  agent.     Such 
tax  shall  be  paj^able  immediately  upon  and  after  the  importation  into  the 
nation  of  each  stock  of  goods,  but  shall  in  no  case  be  levied  twice  on  the 
same  stock  or  part  of  the  same  :  Provided,  That  no  tax  shall  be  levied     Proviso.  / 

for  the  present  year,  upon  the  stocks  of  goods  now  held  by  licensed 
traders ;  but  onlj^  upon  such  as  they  shall  hereafter  receive,  and  upon  so 
much  of  their  present  stock  as  shall  remain  on  hand  on  the  first  day  of 
January  next.  No  appeal  shall  hereafter  lie  to  any  officer  whatever 
irom  the;_  decision  of  the  agent  refusing  to  license  any  applicant. 

Article  XVII.    Immediately   upon   the   signi?ig  of  this  treaty,  the     Trad eri» to  apply 
agent  of  the  Confederate  States'shall  notify  each  licensed  trader   in  the  [^|^^''^*"g'\|'j"J["„' 
Creek  Nation  that  he  is  required  to  spply  for  a  license  under  the  laws  of  .-jq  da\s  aft^rsign- 
the  Confederate  States  within  thirty  days  after  the  date  of  such  notice;  ing  of  treaty, 
and  any  one  failing  to  do  so  shall  be  considered  as  an   intruder,  and  be 
immediately  removed  from  the  country.     Upon  each  such  application  the 
agent  shall  decide  and  grant  or  refuse   the   same   at  his   discretion,  as 
heretofore,  and  his  decision  shall  be  final.     Every  license  so  granted  by 
him  shall  be  for  the  tei'in  of  twelve  months  in  addition  to  the  unexpired 
portion  of  the  year  1861 ;  and  if,  at  the  expiration  of  the  year   1862, 
a  renewal  of  licease  should  not  be  granted  to  any  such  trader,  he  shall 


\ 

294  TREATY  WITH  THE  CREEK  NATION. 

ncvertlieless  be  entitled  to  remain  in  the  country  such  reasonable  length 
of  time  as  may,  in  the  opinion  of  the  agent,  be  necessary,  under  the 
protection  of  the  laws  of  the  Confederate  States,  as  a  person  peaceably 
sojourning  therein,  for  the  purpose  of  collecting  such  debts  as  may  be 
Proviso.  due  him:  Provided,  That  no  such  license  shall  be  granted  by  the  agent, 

unless  the  part}-  applying  shall  have  paid  the  whole  amount  uf  compen- 
sation for  land  and  timber  assessed   for   the  year   1861,  by  the  eauncil 
with  the  assent  of  the  agent ;  and  that  any  license   hereafter   granted 
shall  be  revoked  on  failure  or  refusal  to   pay  in  due   time   the   tax  that 
may  be  legally  assessed  in  any  year.     When  a  second  license  is  applied 
for  by  any  such  party,   or  hereafter   when    any   new   party  applies   for 
license,  it  shall  be  granted  with  the  advice  and  consent  of  the  national 
Further  proTiso.  council :  And  provided  also,    That  if  the  general  council  has  any  well 
founded  objection  to  the  present  renewal  of  any  license   to   any  person 
now  licensed  as  a  trader,  for  which  such  renewal  ought  not,   under  the 
law,  to  be  granted,  it  may  present  such  objection  to  the  agent,  who  shall 
refuse  to  renew  the  license  in  that  case  if  he  finds  such  objection  to  be 
well  founded  and  sufficient;  and  if  he  do   not  so   refuse,   the  general 
council  may  cari-y  the  matter  before  the  superintendent,  whose  decision 
shall  be  final. 
Removal  of  cer-      ARTICLE  XVIII.  All  restrictions  and  limitations  heretofore  imposed 
tain  restrictioDs  in  qj.  existiuo"  bv  treaty,  law  or  regulation,   upon  the   rijrht  of  any  member 
of  personal  prop-  ^"^  ^'■^^  breek  Aation  treely  to  sell  and  dispose  oi  to  any  person  whatever, 
crij.  any  chattel  or  article  of  personal  property  whatever,  are  hereby  removed 

and  annulled,  except  such  as   the   laws  of  the   nation   itself  may   have 
created. 
Appointment  of     ARTICLE  XI^.  Au  agent  of  the  Confederate  States  and  an  interpreter 
Sr  ''°*^    '"'''''"  shall  be  continu'ed  to  be  appointed  for  the  Creek  Nation,  both  of  whom 
shall  reside  at  the  agency ;  and  whenever  a  vacancy  shall  occur  in  either 
cf  the  said  offices,  the  authorities  of  the  nation  shall  be  consulted  as  to 
the  person  to  be  appointed  to  fill  the  same,  and  no  one  shall  be  appointed 
against  whom  they  in  gjod  faith  protest ;  and  the  agent  may  be  removed 
on  petition  and  formal  charges  preferred  by  the   constituted  authorities 
of  the  nation,  the  President  being  satisfied,  upon  full  investigation,  that 
there  is  sufficient  cause  shown  for  such  removal. 
Wliat  Indians      ARTICLE  XX.  The  Creek  X^ation  may,  by  act  of  its  legislative  author- 
may  resifo  in  t  e -^j^g^  receive  and  incorporate  in  itself  as  members  of  the  nation,  or  permit 
to  settle  and  reside  upon  tne  national  lands,  such   Indians  oi  any  other 
tribe  as  to  it  may  seem  good  ;  and  may  sell  such  Indians  p©rtions  of  land, 
in  fee,  or  by  less  estate,  or  lease  them  portions  thereof  ft;^  years  or  other- 
Wbo  shall  been- wise,  and  receive  to  its  own  use  the  pi'ice  of  such  sales  or  leases;  and  it 
titled  '•o  ^^^S)  hold  ^\f^^Q  shall  determine  who  are  members  and  citizens  of  the  nation   enti- 
nuities  or  the  com-  ^^^^  ^^  \oiQ  at  elections,  hold  office  or  share  in  annuities,  or  in  the  common 
Kion  lauds.  lands :  Provided.,  That  when   persons  of  another  tribe  shall   once   have 

Proviso.  been  received  as  members  of  the  Creek   X^ation  they  shall   not   be   dis- 

franchised or  subjected  to  any  other  .restrictions  upon  the  right  of  voting 
than  such  as  shall  apply  to  the  Creeks  themselves.     But  no  Indians  other 
than  Creeks  and  Seminoles,  not  now  settled  in  the  Creek  country,  shall 
be  permitted  to  come  therein  to  reside,  without  the  consent  and  permis- 
sion of  ihe  legislative  authority  of  the  nation. 
Penalty  for  set-      ARTICLE  XXI.  If  any  citizen  of  the  Confederate  States  or  any  other 
tling  upon  lands  of  person  not  being  permitted  to  do  so  by  the  authorities  of  said  nation,  or 
out  permission.      authorized  by  the  terms  of  this  treaty,  shall  attempt  to  settle   upon  any 
lands  of  the  Creek  Nation,  he  shall  forfeit  the  protection  of  the  Confed- 
erate States,  and  such  punishment  may  be  inflicted  upon  him,  not  being 
cruel,  unusualor  excessive,  as  may  have  been  previously  prescribed  bylaw 
of  the  nal'xon. 


TREATY  WITH  THE  CREEK  NATION.  2?'5 

Article  XXIT.  No  citizen  or  inhabitant  of  tlio  Confederate  States  citizens  of  the 
shall  p:isture  stock  oa  the  lands  of  the  Creek  Nation,  under  the  penalty  '^-  ^-  ™Y  >H>t^p;i>'- 
of  one  dollar  per  head  for  all  so  pastured,  to  be  collected  by  the  "luthor- j"f^'^_"^^,j^"|Jj|,y^',^. 
ities  of  the  nation  ;  but  their  citizens  shall  be  at  liberty  at  all  times,  and  ai  time  ,  trar'l 
whether  for  business  or  pleasure,  peaceably  to  (ravel  the  Creek  country  ;the  Creek  cou^Ij^. 
and  to  drive  their  stock  to  market  or  othervrisc  through  the  same,  and  to 
halt  such  reasonable  time  on  the  way  as  may  be  necessary  to  recruit  their 
stock,  such  delny  being  in  good  faith  for  that  purpose.  ^ 

Article  XXIT[.    It  is  also  i'urthcr  agreed   that  the  members  of  the     Creeks  to  bave 

Creek  Nation  shall  have  the  same  ri^bt  of  travelling,  driving  stock  and ''^■"  ^'fP''  '^'S*'^'  '" 
-     ,  .  .       ,  .  f?    1       />i      (■    1  Li    ■,  •        •  travul  m  liny  ot  the 

halting  to  recruit  tlie  same  m  any  ot  the  Conteaerate  htates  as  is  given  (j_  ^, 

citizens  of  the  Confederate  States  by  the  preceding  article. 

Article  XXIV.  Tbo  officers  and  people  of  the  Creek  and   Seminole      Porsrinal    ar.  d 
Nations  respectively,  shall   at  all  times  have   the  right   of  safe  conduct  T^°'''.'*^'^''' ff ''.*"' 
and  free  passage  through  the  lands  of  each  other;  and  the  members  of „[u„-t'-fg''^°  ^^^ 
each  nation  shall  have  the  right,  freely,  and  -without  seeking  license  or  Cref^ks  and  Semi- 
permission,  to  settle  within  the  country  of  the  other,  and  shall  thereupon  "^''^*^- 
be  entitled   to  all   the   rights,   privileges  and   immunities  of  members 
thereof,  including  the  right  of  voting  at  elections,  and  of  being  deemed 
qualified  to  hold  office,  and   excepting  only   that   no   member  of  either 
nation  shall  be  entitled  to  participate  in  any  funds  belonging  to  the  other 
nation.     Members  of  each  nation  shall  have  the  right   to  institute   and 
prosecute  suits  in  the  courts  of  the  other,  under  such  regulations  as  may, 
from  time  to  time  be  prescribed  by  their  respective  legislatures. 

Artiolk   XXV.     Any  person    duly  charged  \vith  a  criminal   offence.   F"3i'>^'<~3    from 
against  the  laws  of  either  the  (reek  or  Seminole   Nation,   and   e'^caping'^j.^.j^^^^.g^j^ 
into  the  jurisdiction  of  the  other,  shall  be  promptly  surrendered  upon 
the  demand  of  the  proper  authority  of  the  nation   within   whose  juris- 
diction the  offence  shall  be  alleged  to  have  been  committed. 

Article  XXVI.  The  Creek  Nation  shall  promptly  apprehend   and    /crfons  .iccupod 
deliver  up  all  persons  accused  or  any  crime  against  the  laws  ot  the  Con-3^,gj^j,f -jjigQ  ^  ,^ 
federate  States,  or  any  State  thereof,  who  may  be  found  within  its  limits,  he  dolivercJ  up. 
oa  demand  of  any  proper  officer  of  a  State  or  the  Confederate  States. 

Article  XXVII.  In  addition  to  so  much  and  such  parts  of  the  act     Lawi-  in  force  H 
of  Congress  of  the  United  States,  enacted  to  regulate  trade  and   inter- "le/^'^ek  counujr 
course  with  Indian  tribes,  and  to  preserve  peace  on  the  frontiers  as  have   ^  '""^  " 
been  re-enacted  and  continued  in  force  by  the  Confederate  States,  and  as 
are  not  inconsistent  with  the  provisions  of  this   treaty,  so  much  of  the 
laws  of  the  Confederate  States  as  provides  for  the  punishment  of  crimes 
amounting   to   felony  at    common   law  or   by  statute    against  the  laws, 
authority  or  treaties   of  the   CiMifederate  States,   and   over   which  the 
courts  of  the  Confederate  States  have  jurisdiction,  including  the  coun- 
terfeiting the  coin  or  securities   of  the  Confederate  States,  or  uttering 
counterfeit  coin  or  securities,  and  so  much   of  such  laws  as  provides  for 
punishing  violators  of  the  neutrality  laws,  and  resistance  to  the  process 
of  the  Confederate  States,  and  all  the  acts  of  the  provisional   Congress, 
providing  for  the  common  defence  and  welfare,  so  far  as  the  same  are  not 
locally  inapplicable,  shall  hereafter  be  in  force  in  the  Creek  country. 

Article  XXATII.     Whenever  any  person  who   is  a  member  of  the     Any  member  r,f 
Creek  Nation  shall  be  indicted  for  any  offence  in  any  court  of  the  Qon-*^'' ,^^^^;^  n.Htion, 

>         1     II   I  •   1     1  c  ?liail.  wlien  iinuot.- 

federate  States  or  in   a  State   court,  he  shall  be   entitled   as  ot  common  ,.^  ),y  a  Cou'ede- 

right  to  subpoena,  and  if  necessary  compulsory  process  for  all  such  wit- rate  or  Snafo  court, 

nesses  in  his  behalf  as  his  counsel  may  think  necessary  for  his  defence,  ^'^^^  "'?.'''  *"  ''"*'■ 

,  n    ■         1         •.•'  J     c  ■        4-[  c        J  posna  witnesses, 

and  the  costs  ot  process  tor  such  witnesses,  and  ot  service  tnereot,  and 

the  fees  and  mileage  of  such  witnesses  shall  be  paid  by  the  Confederate 

States,  being  afterwards  made,  if  practicable,  in   case   of  conviction  of 

the  property  of  the  accused.     And  whenever  the  accused  is  not  able  to 


296  TREATY  WITH  THE  CREEK  NATION. 

Wh  11  notable  to  employ  counsel,  the  court  shall  assign  Lim  one  experienced   counsel  for 

eiiipiuy,  tlie  court  his  defence,  wlu)  shall  be  paid  by  the  Confederate  States   a  reasonable 

coil  *f^''^'''°      '™  compensatio})  for  his  services,  to  he  fixed  by  the  court,  and  paid  upon  the 

certificate  of  the  judge. 

/\U  ;,ny.^  la  re-      ARTICLE  XXIX.  The  provisions  of  all  such   acts  of  Congress  of  the 

of  fuoitire  .si.,vcs,  Couicaerate  btates  as  nmy  now  be  in  lorce,  or  may  hereatter  be  enacted, 

or  fugitives   from  for  the  purpose  of  carrying  into  eS'ect  the  provision  of  the  constitution 

labor  or  ju.sticc  jjj  regard  to  the  re-dclivery  or  return  of  fugitive  slaves,  or  fugitives  from 

Creek  nation.         labour  and  .service,  shall  extend  to,  and  be  in  full  force  within  the  said 

Creek  Nation ;  and  shall  also  apply   to  all  cases  of  escape   of  fugitive 

slaves  from  the  said  Creek  Nation  into  any  other  Indian  nation  or  into 

one  of  the  Confederate  States,  the  obligation  upon  each  such  nation  or 

State  to  re-deliver  such  slaves  being  in  every  case  as  complete  as  if  they 

had  escaped  fr^im  another  State,  and  the  mode  of  proc  dure  the  same. 

Members  of  Creek      ARTICLE  XXX.  Persons  belonging  to  the  Creek  Nation  shall  hereafter 

witnesses  in  C.  S.  ^^  competent  as  witnesses  in  all  cases,  civil  and   criminal,  in  the  courts 

CO  ins.  of  the  CJoutederate  States,  unless  rendered  incompetent  from  some  other 

cause  than  their  Indian  blood  or  descent. 

OOiciiil  acts  of      ARTICLE  XXXI.  The  official  acts  of  all  judicial   officers  in    the  said 

judicinl^  officers^  m„.ition  .shall  havc  the  same  efiect,  and  be  entitled  to  the   like  faith  and 

same  eilVc-  a'^  like  ^''^'^^'''  everywhere,  as  the  like  acts  of  judicial  oiiicers  oi'  the  same  grade 

acts  of  otFicers  of  and  jurisdiction  in  any  of  the  Confederate  States;  and  the  proceedings 

same  grade,  Ac,  iu  of  t^g  courts  and  tribunals  of  the  said  nation,  and  copies  of   the  lawa 

■    ■  and  judicial  and  other  records  of  the  said  nation  shall  be  authenticated 

like  similar  proceedings  of  the  courts  of  the  Confederate  States,  and  the 

laws  and  office  records  of  the  same,  and   be   entitled   to  like  faith  and 

credit. 

Existing?  law  sin      Article  XXXII.   It  is  hereby  declared  and  agreed   that  the   institution 
reference  to  slavery     ^    i  •      ,i  •  i        ^-        ■     \'       \        j   l  •   .     i  i'  i-         •  •    i 

ded-.rcd  biudin"         slavery  in  the  said  nation  is  legal  and  has  existed  rioin  time  itnmenionai ; 

that  slaves  are  taken  and  deemed  to  be  personal  propeily  ;  that  the  title  to 
slaves  and  other  propeity  having  its  origin  in  the  sai(i  nation,  shall  he  deter- 
mined by  the  laws  and  customs  thereof;  and  that  the  slaves  and  other 
])ersonal  pi'operty  of  every  person  domiciled  in  said  nation  shall  pass  and 
be  distributed  at  his  or  her  death,  in  aecordance  with  the  laws,  usages  and 
customs  of  the  said  nation,  which  may  be  proved  like  ftn-eign  laws,  usages 
and  customs,  and  shall  everywhere  be  held  valid  and  binding  within  the 
scope  of  their  operation. 
N  )  <?j- p'i>:t  fac'o  Article  XXXIII.  No  cx2)ost  factolaw  or  huv  impairing  the  obligation  of 
laws  impairing  the  f.Qj^j^i.j^yjg  j.^.^!)  g^.^,.  ]i^q  enacted  by  the  leo-islative  authority  of  the   Creek 

obligation  of  con-vj   »•  ,        tr     ,  .1  xi        "•.  1  1.    11 

tracts.  pas?cd  by -i^ation,  to  eiiect  any  other  per.sons  than  its  own  people;  nor  shall  any 
the  Creek  T  egisla- citizen  of  the  Confederate  States  or  member  of  any  other  Indian  nation 
turo  to  effect  any  q,.  tyWjQ,  {^q  dei)rived  of  his  property  or  deprived  or  restrained  of  his  lib- 

<jtbtr   than    mem-       ,  r-  1,  r     i>  -i  u  '  •  1  1  •       •      xi  •  1  i. 

bers  of  said  nation  ^^'^i'-'  °'"  ^^"^'  P*-'"'dty  or  forfeiture  be  imposed  on  liim  in  the  said  country, 
Ac.  'except  by  the  law  of  the  land,  nor  without  due  })rocess  of  law;  nor  shall 

any  such  citizen  be  in  any  way  deprived  of  any  of  the  rights  guaranteed 
to  all  citizens  by  the  (;onstitutiou  of  the  Confederate  States;  and  it  shall 
be  within  the  province  of  the  agent  to  prevent  any  infringement  of  such 
rights  and  of  this  article,  if  it  should  in  any  case  be  nct'essary. 
Post-offices  and  AuTicLK  XXXIV.  That  llie  Congiess  of  tiie  Confederate  States  shall 
"*'^'^^'  establish  and  maintain  post-ofKces  at  the  most  important  places  in  the  Creek 

Nation,  and  cause  the  mails  to  be  regularly  carried  at  reasonable  intervals 
to  and  fron)  the  same,  at  the  same  rates  of  postage,  anil  in  the  same  man- 
ner as  in  the  Confederate  States. 
I>igbtofferria-e.  ARTICLE  XXXV.  Whenever  any  stream,  over  whi(di  may  it  be  desirable 
to  establish  ferries,  forms  the  boundary  of  the  Creek countiy,  moinber.?  of  the 
Creek  Nation  shall  have  the  right  of  ferriage  from  their  own  land  to  the 
opposite  shoi'e;  and  no  more  onerous  terms  shall  be  imposed  by  the  State 


TREATY  WITH  THE  CREEK  NATION.  207 

or  nation  opposite  than  such  as  it  imposes  upon  its  own   citizens  havinc^ 
ferries  on  the  same  stream. 

Akticle   XXXVr.    In   consideration   of  the   rommon   interests   of  the     ^  regiment   of 
Creek    Nation     and    th-e     Confederate     Slates,    and    of    the    protection  ZT-^^.tl  toTcrJ"^ 
aiid    rights  sruaranteod    to    the  said    nation    hy    this   treaty,    the    Creek  in  tbe  armies  of  th^ 
ISation  hereby    ao^rees    that   it  will,   either  by    itself  or   in    conjunction  C.  S. 
with  tlie  Seminole  Nation,  raise  an(]  furnish  a  regiment  of  ten   companies 
of  mounted  men  to  serve  in  the  armies  of  the  ConfeJerate  States  for  twelve 
months,  the  company  oflicers  wlioreof  sh;dl  be  elected  bv  the  menibers  of 
the  company,  and  the  field  officers  In-  a  majority  of  the  votes  of  the  inem- 
bersof  the  regiment      The  men  shall  be  armed  by  the  Confederate  States, 
receive  the  same  pay  and  allowances  as  other  mounted  troops  in  tlie  service, 
and  not  be  moved  beyond  the  limits  of  the  Indian  country  west  of  Arkansas 
without  their  consent". 

Ai<TicLE  XXXVII.  The  Creek  Nation  liei'eby  agrees  and  binds  itself  at     Tn.op?   tor    thu 
.iny  future  time  to  raise  and  furnish,  upon  the  requisition  of  tlie  President  <^efeiicc  of  tie  In- 
sMlit, umber  of  troops  for  the  dcfoi.ce  of  liie  Indian  country,  and   of  the  Ihrfron'.kr"'  ''"^ 
frontier  of  the  Confederate  States  as  he  may  fix,  not  out  of  f;nr  proportion 
to  the  number  of  its  ])opuIation,  to  be  employed  for  sucli  terms  of  service 
as  the  President  may  fix  ;  and  such  troops  shall   always  receive  the  same 
pay  and  allowances  as  other  troops  of  the  same  class  iii  the  service  of  the 
Confedei-ate  States. 

AiirrcLnXXXVIII.  It  is  further  agreed  by  the  said  Confederate  States  Cv^eU  i,  o  t  t^. 
that  the  said  Creek  Nation  shall  never  be  required  or  called  upon  to  pav  f^  =' >'  t-'xpf^nf*"*  of 
in  land  or  otlierwise,  any  part  of  the  exnenses  of  the  preseiit  wa--  or  ofp"'"'  "'  ""■'' 
any  war  waged  by  or  against  the  Confederate  Sta'cs.  '  "''  '''"'" 

Article  XXXIX.   It  is  further  agreed  that,  after  the  restoration  ofj.eace,    C.  S..  afti-r  poan», 
the  (government  of  the  Confederate  Slates  will  defend  the  frontiers  of  the  ^»  ^'-f'^ufJ    Indi:.n 
Indian  country,  of  which  the  Creek  country  is  a  part,  and    hold    the  forts '"r""''"'"  ''"'"'    "* 
an.I  posts  therein,  wilh   native  troops,  recruited  among  the  several  Indian  *'"'^  ""''P^- 
Nations  included  therein,  under  the  command  of  otlicers  of  the   army   of 
the  Confederate  States,  in  preference  to  other  troops. 

AkticleXL  In  order  to  enable  the  Creek  and   Seminole  Natrons  to     Repr«ont:vt  i  on 
claim  their  rights  and  secure  their  interests   without  tlie   intervention   of'"  Congrer?. 
counsel  or  agents,  and  as  they  were  originally  one  and  the  same  people  and 
arenow  entitled  to  reside  in  the  country  of  each  other,  they  shall  be  jointly 
entitled  to  a  delegate  to  the  House  of  Representatives  of  the  Confederate 
States  of  America,  who  shall  serve   for  the  term   of  two  years,  and   be  a 
member  of  one  of  the  aai<l   nations,   over  twentv-one   rears  of  age,   and 
labouring  under  no  legal  disability  by  the  law  of 'either'nation ;  and  each 
delegate  shall  be  entitled  to   the  saiiic   rights  and   privileges  as  may  be 
enjo\ed  by  delegates  from  any  territories  of  the  Confederate  States  to  the 
said  House  of  Representatives.     Eacli  shall  receive  such  pay  and  mileage 
as  shall  be  fixed   by  the  Congress  of  the   Confederate  States.      'J'he  fi^st 
election  for  delegate  shall  be  held  at  such  time  and  places,  and  be  conducted     Election  of  d«l3- 
in  such  manner  as  shall  bo  prescribed   by   the  agent  of  the  Confederate  S**«- 
States,  to  whom  returns  of  such  election  shall  be  made,  and  he  shall  declare 
tne  person  liaving  the  greatest  number  of  votes  to  be   duly   elected,  an.i 
give  liini  a  certificate  of  election  accordingly,  which   shall   entitle  him  to 
his  seat.     For  all  subsequent  elections,  the  times,  places,   and    manner  of 
holding  them  and  ascertaining  and  certifsing  the  result,  shall  be  prescribed 
by  law  of  the  Confederate  States. 

Articlk  XLI.  It  is  further  ascertained  an,l  agreed  between  the  parties     Ann.iwi.v    and 
to  this  treaty,  that  the  United  States  of  America,  of  which  the  Confederate  iuii^rert  tb.-ro«n. 
States  of  America  were  heretofore  a   ])art,   were,   before   the  sej>aration, 
indebted,  and  still  continue  to  be  indebted  to  the  Creek  Nation,  and  bound 


J98  TREATY  WITH  THE  CREEK  NATION. 

to  tlie  punctual  payment  to  them  of  the  following  sums  annually,  on  the 
first  day  of  July  of  each  year,  that  is  to  say  : 

Perpetual  annuities,  amounting  in  the  aggregate  to  twenty-four  thousand 
five  hundred  dollars,  under  the  fourth  article  of  the  treaty  of  the  seventh 
day  of  August,  A.  D.,  one  thousand  seven  hundred  and  ninety  ;  the  second 
article  of  the  treaty  of  the  sixteenth  day  of  June,  A.  D.,  one  thousand 
eight  hundred  and  two;  and  the  fourth  article  of  the  treaty  of  the  twenty- 
fourth  day  of  January,  A.  D.,  one  thousand  eight  hundred  and  twenty-six. 
Interest  at  the  rate  of  five  per  cent,  per  annum  on  two  hundred  thousand 
dollars,  which,  by  the  sixth  article  of  the  treaty  of  the  seventh  day  of 
August,  A.  L).,  one  thousand  eight  hundred  and/or^?/  [fifty]-six, the  United 
Sties  agreed  to  invest  in  some  safe  stock,  paying  not  less  than  that  rate  of 
interest,  and  to  pay  the  interest  regularly  and  faithfully,  to  be  applied  to 
purposes  of  education  among  the  Creeks,  but  whieh  they  never  invested  ; 
being  ten  thousand  dollars  per  annum,  or  moi'e,  pavable  perpetually. 

The  sum  of  one  thousand  seven  ])undred  and  ten  dollars  perpetually, 
the  agreed  cost  of  the  wheelwright,  blacksmith  and  assistant,  blacksmith, 
shop  and  tools,  and  iron  and  steel,  annually,  under  the  eighth  article  of 
the  treaty  of  the  twenty-fourth  day  of  Jaiiuary,  A.  D.,  one  thousand  eight 
liundred  and  twenty-six. 

The  sum  of  eight  thousand  two  hundred  and  twenty  dollars  payable 
annually,  until  an?i  upon,  and  ending  upon  the  first  day  of  July,  A.  D.,  one 
thousand  eight  hundred  and  sixty-four,  being  for  the  sums  of  six  thousand 
dollars  per  annum,  for  education  for  seven  years  from  and  after  the  fiscal 
year  ending  30th  June,  A.  D.,  one  thousand  eight  hundred  and  fifty-seven, 
under  the  fourth  article  of  the  treaty  of  the  fourth  day  of  January,  A.  I)., 
one  thousand  eight  hundred  and  forty-five,  as  the  same  is  recited  in  the 
fifth  article  of  the  treaty  of  the  seventh  day  of  August,  A.  D.,  one  thousand 
eight  hundi-ed  and  fifty-six  ;  ami  of  two  thousand  two  hundred  and  twenty 
dollars,  being  the  estimated  annual  cost  of  the  provision  for  two  black- 
smiths and  assistants,  shops  and  tools,  iron  and  steel,  under  the  thirteenth 
article  of  the  treaty,  made  the  twenty -fourth  day  of  March,  A.  ]).,  one 
thous'uid  eight  hundred  and  thirty-two,  and  which  was  continued  for  seven 
yeai-s  from  and  after  that  fiscal  year  by  the  treaty  of  the  seventh  day  of 
August,  A.  D ,  one  thousand  eight  hundred  and  fifty-six. 

The  sum  of  four  tliousand  seven  hundred  and  ten  dollars  which  was 
payable  during  the  pleasure  of  the  President  of  the  United  States,  as 
follows,  to-wit :  two  thousand  dollars  per  annum  for  assistance  in  agricul- 
tural operations  under  the  eighth  article  of  the  treaty  of  the  twenty- 
fourth  (lay  of  January,  A.  D.,  one  thousand  eigh'-,  hundred  and  twenty-six; 
one  thousand  dollars  per  annum  for  education  under  the  fifth  article  of  the 
treaty  of  the  fourteenth  day  of  February,  A.  1).,  one  thousand  eight 
hundred  and  thirty  three  ;  and  one  thousand  seven  hundred  and  ten  dollars 
per  annum,  the  estimated  annual  cost  of  the  wagon-mak-^r,  blacksmith  and 
assistant,  shop  and  tools,  iron  and  steel,  under  the  same  fifth  article  of  the 
same  treaty  last  aforssaid  ;  indefinite  continuance  of  the  payment  of  whicli 
three  sums  was  provided  for  by  the  treaty  of  the  seventh  day  of  August, 
A.  D.,  one  thousand  eight  hundred  and  fifa-six. 

And  it  is  also  hereby  ascertained  and  agreed  between  the  parties  to  this 
treaty  that  tliere  was  due  to  the  Creek  Nation,  on  the  first  day  of  July,  in 
the  year  of  our  Lord,  one  thousand  eight  hundred  and  sixty-one,  for  and 
on  account  of  these  annuities,  interest  and  annual  instalments,  and  of 
arrearages  thereof,  the  sum  of  seventy-one  thousand  ninte  hundred  and 
sixty  dollars,  as  follows,  that  is  to  say  : 

For  the  perpetual  annuities  then  due,  twenty-four  thousand  five  hundred 
dollars. 

For  interest  and  arrearages  en  the  said  sum  of  two  hundred   thousand 


TREATY  WITH  THE  CREEK  NATION.  299 

dollars,  provided  to  be  invested  for  purposes  of  ediu-ation  by  the  sixth 
article  of  the  treaty  of  the  seventh  day  of  August,  A.  D.,  one  thousand 
eight  hundred  and  fifty-six,  -which  has  never  been  invested,  and  the  five 
instalments  of  interest  whereon  at  the  rate  of  five  per  cent,  per  a-nnum, 
due  up  to  and  upon  the  first  day  of  July,  A.  1  >.,  one  tliousand  eight  hundred 
and  sixty-one,  amount  to  the  sum  of  fifty  thousand  dollars,  whereof 
twenty-one  thousand  dollars  only  has  been  paid,  the  surn  of  twenty-nine 
thousand  dollnrs. 

For  the  two  sums  aforesaid  due  for  educational  purposes,  seven  thousand 
dollars. 

For  sums  due  for  wagon-makers,  blacksmiths,  shops,  iron  and  stfeel, 
and  agricultural  purposes,  seven  thousand  six  hundred  and  forty  dollars, 
and  for  arrearages  of  same,  being  one-half  of  the  annual  sum  due  on 
the  first  day  of  July,  A.  I).,  one  thousand  eight  hundred  and  sixty,  and 
unpaid,  three  thousand  eight  hundred  and  twenty  dollars,  or  together 
eleven  thousand  four  hundred  and  sixty  dollars.  And  it  not  being 
desired  by  the  Coni'ederatc  States  that  the  Creek  Nation  should  continue 
to  receive  these  annual  sums  from  the  government  of  the  United  States, 
or  otherwise  have  any  further  connection  or  communication  with  that  gov- 
ernment and  its  Superintendents  and  agents  ;  therefore,  the  said  Confede- 
rate States  of  America  do  hereby  assume  the  payment,  for  the  future,  of 
all  the  above  recited  annuities  and  annual  payments,  and  agree  and  bind 
themselves  regularly  and  punctually  to  pay  the  same  ;  and  do  also  agree 
and  bind  themselves  to  pay  immediately  upon  the  complete  ratification 
of  this  treaty,  the  said  sum  of  seventy-one  thousand  nine  hundred  and 
sixty  dollars  for  such  annuities  and  annual  payments,  due  on  the  first 
day  of  July,  A.  D.  one  thousand  eight  hundred  and  sixty-one,  and  for 
arrearages  as  above  stated. 

AuTicLE  XLII.  It  is  also  furtlier  agreed  between  the  said  parties  to  Amouut  due 
this  treaty,  that  the  United  States  of  America,  while  the  said  several  °j^P^^«°^J'^^^'[^^;^^^^ 
Confederate  States  were  States  of  the  said  United  States,  held  and  do  , 
still  continue  to  hold  in  their  hands,  invested  in  bonds  and  stocks  of 
certain  States,  part  or  all  of  which  are  now  members  of  the  said  Con- 
federacy of  States,  the  sura  of  two  hundred  thousand  seven  hundred 
and  forty-two  dollars  and  sixty  cents,  bearing  an  annual  interest  of 
eleven  thousand  six  hundred  and  ninety-four  dollars  and  fifty-four  cents, 
and  also  arrearages  of  interest  on  the  same  in  money,  which  amounted, 
ou  the  first  day  of  July,  A.  1).,  one  thousand  eight  hundred  and  sixty- 
one,  to  so  much  as  to  make,  with  the  principal,  the  sum  of  two  hundred 
and  forty-nine  thousand  nine  hundred  and  thirty-seven  dollars  and 
fourteen  cents,  in  bonds,  stocks  and  money,  in  the  hands  of  the  United 
States,  and  belonging  to  those  persons  surviving,  and  the  legal  represen- 
tatives of  those  persons  deceased,  who  were  orphan  children  of  the 
Creeks,  on  the  twenty-fourth  day  of  March,  A.  D.,  one  thousand  eight 
hundred  and  thirty-two,  the  same  being  the  proceeds  of  the  twenty 
sections  of  land  selected  under  the  direction  of  the  President  of  the 
United  States,  for  such  orphan  children  of  the  Creeks  under  aud  by 
virtue  of  the  second  article  of  the  treaty  of  that  date,  and  which  were 
sold  and  the  proceeds  invested  in  such  stocks  as  aforesaid,  under  the 
direction  of  the  President  of  the  Ihiitcd  States,  in  conformity  to  the 
provision  of  that  article  that  said  twenty  sections  should  be  divided  and 
retained,  or  sold,  for  the  benefit  of  such  children  as  the  President  might 
direct. 

And  it  is  further  agreed  that  in  addition  to  this  sum,  and  to  the  sum     Amount  due  cer- 
of  two  hundred  thousand  dollars  which  should  have  been  invested  under  ^"'^  claimants. 
the  sixth  article  of  the  treaty  of  the  seventh  day  of  August,  A.  D.,  one 
thousand  eight  hundred  aud  fifty-six,  there  has  also  long  been  and  still 


300  TREATY  WITH  THE  CREEK  NATION. 

is  due  and  owing  from  the  said   United  States  to  certain  individuals  in 
the  Creek  Nation,  from  claims  allowed  by  William  Armstrong,  as  Com- 
missioner, in  their  favour  on  account  of  depredations  by  the  Osages,  as 
provided  by  treaty,  the  sum  of  nine  thousand  seven  hundred  and  fifty- 
seven  dollars  and  fifty  cents,  to  pay  which,  and  other  like  claims,  there 
has  long  remained  in  the  treasury  of  the  United  States  the  sum  of  six- 
teen thousand  dollars,  remainder  of  the  sum  of  thirty  thousand   dollars 
allowed  by  treaty  with  the  Osages,  made  the  eleventh  day  of  January,. 
A.  D.,  one  thousand  eight  hundred  and   thirty-nine,  for  the  purpose  of 
Piiyment  of  or- paying  what  should  be  adjudged   for  such   depredations;  and  the  said 
phan  chiklren  and  Confederate  States  of  America  do  hereby  assume  the  duty  and  obliga- 
b '^'he* Confederate  *'io'^  of  Collecting  and  paying  over  as  trustees  to  the  said  Creek  Nation, 
stau-s.  for  the  said  orphans  and  legal  representatives  of  orphan  children  of  the 

Creeks,  all  sums  of  money  accruing,  whether  from  interest  or  capital  of 
the  bonds  of  the   several   States   of  the   Confederacy  now  held  by  the 
government  of  the  United  States  as   trustee  for  the  said   orphans  and 
legal  representatives  of  orphan  children  of  the  Creeks,  or  for  the  Creek 
Nation  ;  and   the  said   interest  and  capital,  as   collected,  shall  be  paid 
over  to  the  said  orphans  or  legal  representatives  of  orphans  of  the  Creeks 
States  not  to  pay  or  to  the  Creek  Nation  for  them.     And  the  said  Confederate  States  will 
ofl^rbondTtTu'^*^*^!""-^^  *'^^  several  States  whose  bonds  are  so  held,  to  provide  by  legis- 
s.  but  to  c.  S.  inlation  or  otherwise,  that  the  capital  and  interest  of  such  bonds  shall  not 
trust  for  saiil  or-  ]jq  paid  to  the  government  of  the  United  States,  but  to  the  government 
^'  ''"'■  of  the  Confederate  States,  in  trust  for  the  said  orphans  and  legal  repre- 

sentatives of  orphans. 
Final  settlonient      And  the   said  Confederate  States  hereby  guarantee  to  the  said  Creek 
and  full  paynifin^Xation  the  final  settlement  and  full   payment  upon   and  after  the  restora- 

to    be   mude    afier    ,  ,  ,•  i  ^  •  •  j>     i     •      •     i  i 

tLe  restorjition  oftion  ot  peace,  and   tlie  establishment  and  recognition  or  their  mdepenu- 

peace.  enee,  as  of  debts  in  good  faith   and  conscience,  as  well  as  in  law  due  and 

owing,  on  good  and  valuable  consideration,  by  the  said  Confederate  States 

atid  other  of  the  United  States,  jointly,  before  the  secession  of  any  of  the 

States,  of  all  the  said  sums  of  money  so  due  and  owing  by  the  late  United 

State-s,  and  of  any  sums  received  by  that  government,  and  now  held  by  it, 

by  'vvay  of  interest  on  a  capital  of  said  bonds  of  the  States;  and  do  also 

^  guarantee  to  it  the  full  and   final  settlement  and  payment,  at  the  same 

period  of  the  capital   and   interest  of  any  and   all   bonds  or  stocks  of  any 

Northern  State,  in  which  any  of  the  Creek  funds  may  have  been  invested. 

All  c*t'"-i'  sums      Article    LXllI.  It   is    also    further    agreed    that   whatever    sums    of 

ttl'bo  paid  upon  the '""^oney  are  by  this  treaty  provided  to  be  settled  and  paid  by  the  Confede- 

rcstoration  o  f  rate  States  to  the  Creek  Nation,  for  itself,  upon   the  restoration  of  peace, 

P®'^^®-  not  including  those  belonging  to  the  said  orphan.s,  shall   be  paid  over  to 

the  authorities  of  the  nation,  to  be  held  by  them  invested   in   stocks,  or 

shall  be  by  tlie  government  of  the  Confederate  States  so  invested,  in  stocks 

bearing  the  best  rate  of  interest,  and  at  the  market  rate  of  such  stocks  as 

the  authorities  of  the  nation  may  require,  so  that  the  nation  may  in  either 

mode,  liave  aril  the  advantages  of  the  investment;  and  that,  if  paid  over 

f  to  the  auti)orities  of  the  nation,  the  government  of  the  Confederate  States 

shall  have  no  further  control   over  the  same  in   any  wise,  nor  be  in  any 

wise  responsible  for  its  proper  investment  or  disposition. 

Treaties  with  the      ARTICLE  LXIV^.  It  is  further  agreed  between  the  parties  that  all  provi- 

U.  S.  not  incuusis- sions  of  the  treaties  of  the   Creek   Nation  with   the   United   States  which 

treafy^to  bo  bind'^ ^^'^'^'"^  ^''  £ru;^''fnitee  to  the  Creek  Nation,  or  individuals  thereof,  any  rights 

ing.  or  privileges  whatever,  and  the  place  whereof  is  not  supplied  by,  and  which 

are  not  contrary  to,  the  provisions  of  this  treaty,  and  so  far  as  the  same  are 

not  obsolete  and  unnecessary,  or  repealed,  annulled,  changed   or  modified 

by  subsequent  treaties,  or  laws,  or  by  this  treaty,  are  and  shall  be  continued 

in  force,  as  if  made  with  the  Confederate  States. 


TREATY  WITH  THE  CREEK  NATION. 


3;)  I 


Amnesty. 


Piiyment  of  cx- 
of    Creek 
issioners. 


Article  LXV.  It  is  hereby  further  agieed  by  the  Confederate  States  Creeke  entitkni 
that  all  the  members  of  the  Creek  Nation  as  liereinbefore  defined,  shall  t'  owu  land,  and 
11  c  J  iiiiiiiii  I  1  J  i   sue  in  the  courts  of 

be  heiiceiorward  competent  to  take,  hold  and  pass,  In'  purchase  or  descent,  .,ny  of  the  State*  of 

lands  in  any  of  the  Confederate  States  heretofoie  or  hereafter  acquired  by  the  C.  S. 
them,  and  to  sue  and  implead  in  any  of  the  courts  of  each   of  the  States, 
in  the  same  manner  and  as  fully,  and  under  the  same  terms  and  resti  ictions 
and  the   same  conditions  only  as  citizens  of  another  of  the  Confederate 
States  can  do. 

Article  LXVI.  A  general  amnesty  of  all  past  offences  against  the  laws 
of  the  United  States,  and  of  the  Confederate  States,  committed  in  the  Indian 
country  before  the  signing  of  tins  treaty,  by  any  member  of  tlie  Creek 
Nation,  as  such  membership  is  defined  by  this  treaty,  is  hereby  decleared  ; 
and  all  such  persons,  if  any,  whetlier  convicted  or  not.  imprisoned  or  at 
large,  charged  with  any  such  offence,  shall  receive  from  the  President  full 
and  fVee  pardon  and  be  discharged. 

AirncLK  LXVir.  It  is  also  further  agreed  that  the  sum  of  sev.  n  hundred 
and  fifty  dollars  shall  be  ai)i)roi)riated,  upon  the  ratification  of  this  treaty,  l^'""""'" 
by  the  Congress  of  the  Confederate  States,  to  pay  the  expenses  of  the 
Commissioners  of  the  Creek  Nation  who  have  negotiated  the  same,  and 
that  the  same  shall  be  paid  to  the  Princiital  Chief,  Motey  Kinnaini,  who 
shall  distribute  the  same  among  the  Comtv;issioners  as  they  shall  agree 
and  direct. 

AinicLE  LXVIII.  This  treaty  sliall  take  efle(^t  and  be  obligatory  upon 
the  contiacting  paities,  from  the  tenth  day  of  July,  in  the  year  of  our 
l^ord  one  thousand  eight  bundled  and  sixty-one,  whenever  it  shall  be 
ratifici]  by  the  General  Council  of  the  Creek  Nation,  and  by  the  Provi- 
sional Pi'esident  and  Congress,  or  the  President  and  Senate  of  the  Con- 
federate States. 

Ill  'perpetual  testimony  whereof ^  the  said  Albert  Pike,  as  Commissioner, 
with  plenary  powers,  on  the  part  of  the  Confederate  States, 
doth  now  hereunto  s^t  his  hand  and  af1ix  the  seal  of  his  arms, 
and  the  undersigned,  the  Commissioners  appointed  in  tliis 
behalf  by  the  (ileneral  Council  of  the  Creek  Nation,  do 
hereunto  set  their  hands  and  affix  their  seals. 

Done  in  duplicate,  at  the  i)lace,  and  u]ion  the  day,  in  the 
year  first  aforesaid. 

ALHER'l'  PIKK, 
Comin,lssion.cr  of  the  Confederale  States  to  the  Iiidlaii.s  west  of  Arkansas. 

xMOTY  KINNIAKl),'  JOHN  J,.  SMITH, 

->    .  i^riwiiml  Chii'f.  TIM  BARN I^T IT, 

ICllO  IIACUO,  W.  F.  MclNTOSH, 

Principal   Chief  Upper   Creeks.     (iEO.  \V.   DIUNTCN, 


Wlieu 
efftcf. 


to     t;ike 


CHILLY  MclNTOSH, 
LOUIS  MclNTOSH, 
JAMES  M.  C.  SMITH, 
G.  W.  STIDHAM, 
TllOS.  C.  CARR, 

Signed  in  duplicate  in  our  presence 


OK-CHUN  HACHO, 
CO-AS-SA'1-TI  KIX-I-KO, 
JOSEPH  COliNELLS, 
GEO.  W.  WALKER, 
SAMUEL  CHECOTE. 

M.  H.  GARREIT, 

C.   S.  A'tent. 
G.  W.  STIDHAM, 

C.  S.  Iitterpreter. 
W.  WARR^:N  JOHNSON, 
\VM.  QUESEN PERRY, 

Secretary  to  Commissioner. 
TI.  S.  BUCKNER, 
W.  L.  PIKE. 


so  5 


TREATY  WITH  THE  CREEK  NATION. 


RatiSeatii.n  by  Whereas,  a  treaty  of  alliance  and  friendsliip  was  made  and  concluded, 
tha  Creek  natiou.  subject  to  the  ratification  of  the  g-eneral  council  of  the  Creek  Nation, 
on  the  tenth  day  of  July,  in  the  year  of  our  Lord,  one  thousand  eight 
hundred  and  sixty-one,  by  and  between  Albert  Pike,  Commissioner 
with  plenary  powers,  of  the  Confederate  States  of  America,  on  the  part 
and  behalf  of  the  Confederate  States,  and  Motey  Kinnaird,  Pi'incipal 
C'iiief,  Iclio  Hacho,  First  Chief  of  the  Upper  Creeks,  Chilly  Mcintosh, 
Louis  Mcintosh,  James  M.  C.  Smith,  (reo.  W.  Sddham,  Thomas  C. 
Carr,  John  L.  Smith,  Timothy  Baruett,  William  F.  Mcintosh,  Georg-e  W. 
Brinton,  Ok-Cliun  Hacho,  Co-as-sa-ti  Fixico,  Jose|)h  Cornells,  George 
V  W.  Walker,  Samuel   Chicote   and  Daniel   N.   Mcintosh,  a  Committee 

appointed  by  the  General  Council  of  Mus-kodvi  Nation,  at  the  North 
Fork  Village,  on  the  North  Fork  of  the  Canadian  liiver,  in  the  said 
Creek  Nation ;  and  whereas  by  the  forty-ninth  article  thereof,  it  is  pro- 
vided in  tliese  words,  that  "This  Treaty  shall  take  effect  and  be  obliga- 
tory upon  the  contracting  ])arties,  from  the  tenth  day  of  July,  in  the 
year  of  our  Lord,  one  thousand  eight  hundred  and  sixty-one,  whenever 
it  shall  be  ratified  by  the  General  Council  of  the  Creek  Nation,  and  by 
the  Provisional  President  and  Congress,  or  the  President  and  Senate  of 
the  Confederate  States;"' 

Now  therefore  he  it  knoiun,  That  the  Creek  or  Mus-ko-ki  Nation,  in 
General  Council  assembled,  on  this,  the  twentieth  day  of  July,  in  the  year 
of  our  Lord,  one  thousand  eight  hundred  and  sixty-one,  at  the  Council 
Ground  of  the  said  nation,  having  maturely  considered  the  said  treaty, 
and  every  article  and  clause  thereof,  and  being  satisfied  therewith,  doth 
upon  its  part,  assent  to,  ratify  and  confirm  tlie  same,  as  its  solemn  act  and 
compact,  as  is  therein  stipulated,  and  doth  direct  that  a  copy  of  this  ratifi- 
cation signed  by  the  Principal  Chief  and  National  Clerk  be  annexed  to 
each  part  of  the  said  treaty  for  authentication  thereof. 
Thus  done  and  approved,  the  day  and  year  aforesad. 
k  A  true  copy  of  the  original  act  of  ratification,  as  adopted  by  the  General 

Council. 

MOTEY  KINNAIRD, 

Principal  Chief. 
Attest : 

]  >.  N.  McIntosii, 

National   Cleric. 

Signed  and  attested  in  our  presence. 
W.  n.  GARRETT, 
C,  S.  Aaevi  for  the  Creeks. 
G.  W.  STIDHAM, 
C.  S.  luterjyrctcr  for  the  Creeks.  / 

Names  of  the  Chiefs  who  signed  the  treaty  concluded  on  the  lOtli  day 
of  July,  1861,  and  approved  by  the  General  Council  of  the  Creek  Nation 
on  the  20tl)  July,  18G1,  between  the  Confederate  States  of  America  and  the 
Creek  Nation  of  Indians : 


Echur  Harjo, 
Cowassart  Harjo, 
Nocus  Emathla, 
I'S-so-na  Harjo, 
In-suk-ko, 
Tustunnuk  Kee, 
Ar-chu-le  Harjo, 
Oh-sa  Ya-ho-la, 


He-ne-matheo-che, 
Tuliisse  Fixico, 
Tallof  Harjo, 
No-cus-illy, 
(Mia-loTv'  IIarjoy> 
Ok-ta-ha-hassee  Harj o, 
Ho-sichc  Boatswain, 
G'hear-ke-ta, 


Ya-ha  Harjo, 
Fixico  Harjo, 
Ok-chuu  Harjo, 
Ne-ha   Ya-ho-la, 
Tallise  Fixico, 
Jimmy  Larney, 
Hali)utter  Mikko, 
Samuel  Lasley, 


TREATY  WITH  THE  CREEK  NATION. 


803 


Ya-ha  Tustunnukke, 
Ne-ha  Ya-ho-la, 
Co- we  Ilaijo, 
Wm.  Bruner, 
Jacob  Derrysaw, 
E-ne-lia, 


It-chin  Ya-ho-la, 
Nocus  Fixico, 
Mikko  Hutke, 
Napoche  Fixico, 
Cotchar  Fixico, 
James  McIIenry, 


Car-pit-char   Ya-ho-la,    Cully  Mikko, 
Attest : 

To  llio  ludiaa  names  are  sulijuiued  marks. 


Pow^as-e  Marthla, 
Ok-cus-ca  Fixico, 
Ar-hul  Le-mathla, 
Tul-wa  Mikko, 
Ar-ha-luk  Fixico, 
Lou-cher  Harjo, 
Carpechar  Fixico. 


National   Clerk. 


ARTICLE  SUPPLEMENTARY 

To  the  treat//  concluded  heticccn  the  Confederate  States  of  America  and.     July  lo,  I>i6!. 
the  Creek  Nation  of  Indians,  at  the  North  Fork  Villar/e,  in  the  Creek 
Nation,   on  the   tenth   dai/   of  July,   in    the  year   of  our   Lord,   one 
thousand  eight  hundred  and  sixty-one. 


Article.  The  survivors  now  residing  in  the  Creek  Xation,  of  the  Apala- 
chicola  Band  of  Lidians,  have  earnestly  represented  to  the  commissioner 
of  the  Confederate  States  the  facts  following,  that  is  to  say: 

That  the  Apalachicola  Band  of  Lidians,  being  by  origio  a  part  of  the 
Creek  Nation,  long  resided  on  the  Apalachicola  river,  in  what  is  now  the 
State  of  Florida,  and  were  parlies  to  the  treaty  concluded  at  canip  Moultrie, 
with  the  Florida  tribes  of  Indians,  on  the.  eighteenth  day  of  September,  A.  D., 
one  thousand  eight  lumdred  and  twenty-three. 

That  by  two  treaties,  ma<le  and  concluded  with  the  United  States  on  the 
eighteenth  day  of  June,  A.  D.,  one  thousand  eight  hundred  ani  twenty- 
three,  by  'litlerent  portions  of  the  said  Apalacliicola  Band,  the  cliiofs  and 
warriors  of  that  band  relinquished  all  the  ])rivileges  to  which  they  were 
entitled  as  parties  to  the  treaty  aforesaid,  conclu-led  at  camp  Moultrie,  and 
all  their  right  and  title  to  certaiw  reservations  by  it  .secured  to  them ;  and 
in  consideration  of  that  cession,  the  United  States  agreed  to  grant,  and  to 
convey  within  three  years,  by  patent,  tocertain  named  chiefs,  for  tlie  benefit 
of  themselves  and  of  the  sub  chiefs  and  warriors  of  the  said  A]>ala(dncola 
Band,  the  quantity,  in  all,  of  six  sections  of  land,  to  be  laid  otl"  under  the 
direction  of  the  President,  after  the  lands  should  have  been  surveyed. 

That  it  was  provided  by  the  same  two  treaties  that  the  said  six  sections 
of  land  might  be  disposed  of  by  the  chiefs,  with  the  consent  and  advice  of 
the  Governor  of  Florida,  at  any  time  before  the  expiration  of  said  term  of 
three  years,  and  that  the  said  band  might  thereupon  migrate  to  a  country  of 
their  choice.  And  it  was  furtlier  thereby  provided,  that  if,  at  any  future 
time,  the  chiefs  and  warriois  of  the  Apalachicola  i^and  should  feel  disposed 
to  migrate  from  Florida  to  the  Creek  and  Seminole  country  west,  they 
might  either  sell  the  grants  of  land  made  by  those  treaties,  and  in  that 
case  must,  themselves,  bear  the  whole  expense  of  their  mis^ration,  subsis- 
tence, (fee;  or  they  might  surrender  to  the  United  States  all  the  rights  and 
privileges  acquired  under  said  two  treaties,  in  which  case,  they  should 
become  parties  to  the  obligations,  provisions,  and  stipulations  of  the  treaty 
of  Payne'd  Landing,  made  with  the  Scminoles  on  the  ninth  day  of  May,  A. 


P-.^-i:!!!;'?. 


304  TREATY  WITH  THE  CREEK  NATION. 

D.,  one  thousand  eight,  hiinured  and  thirty-two,  as  a  constituent  part  of 
that  tribe,  and  re-unitf.  with  that  tribe  in  their  abode  west,  in  which  case 
the  Un.ted  States  wouhj  pay  six  tliousand  dolhirs  for  the  reservations  in 
that  case  relinquished  by  the  first  article  of  the  said  two  ti'eaties. 

That  in  the  hostiUties  that  afterwards  took  pLace  between  tlie  Creeks 
and  Seminoles  and  the  United  States,  the  said  Apahichicola  Band  remained 
loyal  to  the  United  States,  and  maintained  their  peace  and  fneiidship 
unbroken;  but,  in  the  year  1837,  they  were  induced  by  the  urgent  solicita- 
tion of  the  emigrating  agent  of  the  United  States,  to  remove  from  the 
country  occupied  by  them  in  Florida,  to  the  Indian  country  west  of 
Arkanstis,  leaving  the  lands  so  granted  them  as  aforesaid,  and  a  large  num- 
ber of  horses,  mules,  cattle,  hogs,  wagons,  and  other  articles  which  they 
could  not  collect  together  and  carry  with  them,  and  which  the  said  emi- 
'  grating  agent  persuaded  thenr  to  leave  in  his  chaige,  on  his  promise  that 

the  owners  should  be  paid  the  value  of  all  such  their  property,  in  money, 
by  the  agent  of  the  United  States,  on  their  arrival  in  the  country  provided 
for  them  on  the  west  side  of  the  Mississijipi ;  a  schedule  of  all  of  wdiich 
propei'ty  so  abandoned,  and  of  its  vahie,  and  of  the  improvements  on  lands 
abandoned  by  them,  and  the  value  of  each,  is  annexed  to  this  article,  and 
forms  a  part  of  it. 

That,  by  the  treaty  of  Payne's  Landing,  made  on  the  ninth  day  of  May, 
A.  1).,  one  thousand  eight  hundred  and  thirty-two,  the  United  States 
agreed  to  pay  the  Seminole  Indians,  in  full  compensation  for  all  their 
claim  to  lands  in  the  Territory  of  Florida,  and  for  all  improvements  on  the 
lands  so  ceded,  the  sum  of  fifteen  thousand  four  hundred  dollais,  to  be 
divided  among  the  chiefs  and  warriors  of  the  several  towns  in  a  ratio  pro- 
portioned to  their  population  ;  and  they  further  agreed  to  take  the  cattle 
belonging  to  the  Seminoles,  at  the  valuation  of  some  pei'son  to  be 
a[)poiiited  by  the  l*resident,  and  to  pay  the  valuation,  in  money,  to  the 
rti#j>et.;tivo  owners,  or  give  them  other  cattle;  and  the  exp<^nses  of  removal 
'  were  to  be  paid  by  the  United  States,  and  subsistence  for  twelve  months, 

to  all  emigants,  furnished  by  them  ; 

And  that  no  compensation  has  ever  been  made  any  of  the  said  Apa- 
la(;hicola  Band,  for  the  lands  or  improvements  so  abandoned  by  them,  or 
for  the  horses,  mules,  cattle  and  other  propei  ty  abandoned  by  them  ;  nor 
have  they  ever  received  any  part  of  the  annuities  paid  the  Seminole  or 
Creek  Nation  since  their  removal  west,  or  been  lecognized  as  an  integral 
part  of  the  Seminole  Nation,  as  it  was  provided  they  should  be; 

And,  inasmuch  as  the  forced  emigration   of  the   said   band,  and  their 
surrender  and   abandonment  of  their  lands,  improvements,  horses,  cattle 
and  other  property  in  consequence  thereof,  was  equivalent,  as  against  the 
United  States,  to  an  election,  by  them,  to  suri'ender  the  rights,  privileges 
secured   by  the  treaties  of  the   18th  June,  1833,  and   to  claim  the  rights 
and  privileges  theieby  vesting  in  them,  as  parties  to  the  treaty  of  I'ayne's 
Landing,  of  the  9th  of  May,  1832  ; 
<T.  ,■?.,  upon  res-      Therefore,  it  is  hereby  agreed  by  the  Confederate  States  of  America,  by 
t oration  of  peace  Albert  Pike,  its   Conmiissioner,  with   full   })0\vers,  with  the  membeis  and 
nU'VtTtufiTclJms  ^"'^'^^°'^  ^^' ^^^^  Apalachicola  Band  of  Florida  Indians,  that  upon  and  after 
of  Ap  al  acLicola  the  restoration  of  peace,  the  said  claims  of  the  members  of  that  Bund,  to 
ludiiiu.-.  compensation  for  the  loss  of  the  lands,  improvements,  horses,  cattle,  mules 

and  other  property,  shall  be  fairly  investigated,  in  a  generous  and  liberal 
spirit,  by  an  officer  or  commissioners,  to  whom  that  duty  shall  be  assigned 
by  the  Confederate  States;  and  that  whatever  shall  appear,  upon  such 
investigation,  to  be  justly  or  equitable  owing  to  members  of  the  said  band, 
on  account  of  such  losses  as  aforesaid,  shall  be  paid  to  the  persons  origi- 
nally entitled  to  the  same,  or  to  the  legal  rcpresentativeB  of  such  of  them 
as  mav  be  deceased. 


TREATY  WITH  THE  CREEK  NATION.  S05 

And  it  is  also  further  agreed,  that  the  foregojiiix  provisions  of  this  article     .Uso.   claims  <r. 
shall  extend  to,  and  include  the  claims  for  losses  of  the  same  kind,  hj  ^'^"■^^  Tint's  B;in.; 
members  of  r>iack  Dirt's  l>and  of  friendly  8emiiioles,  who  lost  pioperty  in  ^'  is^ioiD^it-- 
like  manner,  in  consequence  of  their  huiriod  ronioval  west,  as  the  same  is 
contained  in  the  Fchedule  thereof,  marked  B,  annexed  to  this  article. 

And  it  is  also  agreed  that  the  claims  to  money,  in  lieu  of  hounty  land     ai«-.  clRima  t' 
"warrants,  of  the  pei'sons  whose  names  and   those  of  their  heirs  are  cOn- m-mpy  in  Ht^u  of 
tained  in   the  schedule  marked    C,  annexed  to  tiiis  article,  shall  in  jjife'*'''^ '^'^''''^"^■' 
manner,  and  at  the  same  period,  be  investigated,  and  so  f  tr  as  they  shall 
be  found  to  be  well  founded,  shall  be  paid  by  the  Confederate  States. 
In  perpetnal  tcatimonij  whereof,  the   said    Albert  Pike, .Commissioner, 
with  full  powers,  of  the  Ci'nfcderale  States  of  Ameria,  doth 
,  — >• — ^  N       liereunto  set  iiis  hnnd  and  atlix  the  seal  of  his  arms. 

■|    Seal,    v  Thus  done,  signed  and  sealed,  at  the  North  Fork  Village.  f 

-— ^-r^ — -'  '  on  the  North  Fork  of  the  Canadian  river,  this  tenth  day  of 
.lidy,  in  the  year  of  our  Lord,  one  thousand  eiglil  huu  !r..'<I 
and  sixtv-one. 

.  Ai.iiKirr  I  :k;'\ 

C»m7nissloncr  tf  the  Cottfedende   St'iton  tc   the  InJun:  jXal^cits  fAi,t  9/ 
Arfcmnsar,. 


20 


^<!. 


TREATY  WITH  THE  CREEK  NATION. 


»J<r.'.edulc  A. 


SCHEDULE  A. 
Claims  of  Apalachicola  Indians. 


NAMES. 


Chitrl.-j  vva  kor.. 
Jcniinv  VV.ilker. 

Unlli-V 

!!els»\   *alker.    . 
l-sihi-r  VViilkcr  . 

Tiin-i  !«:tcl»i 

Iiiuiili  Walker  .. 

JeiikiiL* 

Tiii-si  ric-»iC(i. . . 
Ki-lia  Thkicf.ii  cl 

II  li-i:liji 

A-lic 

()-<lii  U.cli(i  .... 

J*u-ijn  (."o-clii 

Fo.t  f-iiia-lhia 


Ni-lia 

I-tna-lIiIa-tlii 

J'li-hi.s  llacliij 

.^aUj  llrtc.tiii 

ra-iio->i-ka ,.   

ru-\:i-\n 

Milly   Uaiktr ',.. 

Miccii  Vii-lio-Ia 

John  Millv 

IJelsev...'.    

I'ally"VVi,lker 

Ti-fa  (iii-i  >i 

Ki-nai  lln-iio-vi 

So-ni  'Ihlan-co 

i>avy  1  lilsic-ci) 

l-elly 

Fi-h<Vki 

Old   .~!iiriii!<uii 

Ya  1)11  t  ic-si-C( 

Lho-il-li 

Ta-co-M  ^■il-ho-Iu 

♦  .'o-a-cDClii     

Madison      

No-co-  i  Ya  ha-lo-chi 

Hii-y  .-»a-ka 

Co-si  \  ii-lii.-lo 

A-lialoc  llaciiu. 

Cho-ni 

Ok-r.liai-\i 

Co-ni 

Mi-ra-lih     

Mary 

Ni-Cf         

lio-sa-iia 

Capl.  Billy  ur  I»a-fa  Hachu. 

Lindy 

Ka-chi-ni-chi 

Co-ch()-co-i)i 

Toiu  Tarljv 

I-conxha-ia  .\Iicco 


. 

•* 

o 

z'  > 


=   iE!  = 


6%1P0'  ij$20i)lllj 


3!     45 

fit    IMI 

8i  %W 
l.)0 
100 
S'JO 
HI  J 


2  U(l 

1 1  4(1 
4|  ini) 

3 1  ]-.'ii 
31    12(1 

el  iMo 

■A<  14(1 

ijl  8(1 

7|  'JIO 

i<\  18(1 

1;  40 

0  J.3(ij 
3'  1-JO, 
3|  !)() 
31  I'Jd 
2|  ^0 
4 1  l(-() 
.1  l*i 
^  30(1 

3  J-.'O 
6  240 
3  IJO 

3  120! 

3  !•>(.) 

1  40 
6,  240; 
f.;  24U 
(i  240 
2i  80 
4 


-■>]  HO 

4!  i(;o 

5  200 
31  120 
4!  100 
2!  80 
4|  120 
H  3U 
3  120 

6  J80 


1 -fa-la  Hiicho 

Jo  Uili'v 

fritr.oii 

t(na(hla  .lolinsoii. 

fos  lliitchi 

fJeorge 

S<)-bo  llthli 

Si-hi-chi     

qjc-miil-ki 

Jbho  Lewis 

Thlo-po-li 

Woe  Mi  Macho 


39n 

lT(i 

48 
112 
138 

.')4 
144 

y« 

152  14 

|20 
J  19,20 

72  l.i 
48113 
24 

lir, 
3(i  14 

CO  I  If 
42  :io 

42,24 

30  10 
421  8 
147  14 

i:'8i>» 

12t)ii( 
0(i!4 
30  6 
84  2S 

H  r. 
so. 

3.5  10 

77il5 
Still  I 

210  24 

1 20 


9HJI 
98  20 

128| 

147  8 
42  14 

ce  e, 

42  12 

24  8 
00' 1 8 
10,^20 
4213 

1. 

In 
15a  12 

,38 

72  27 

210  45 

2.5 

228JB 

421  S 

54  13 

(18 

13 

42  16 

C«20 

48  19 

60  35 


36 
15 
33 
]5 
42 

a  I 

24 
4.5 
(30 

24 
42 
18 
30 
24 
.54 
0< 
39 

21 
33 
24 

114 
51 

135 
75 
54 
24 
39 
54 
45 
48 
60 


105 


$5L 


950 


39 


Improvement 
on  lai.d. 
Value  of. 


S40 
35 
200 
ISO 

200 
160 
25 
30 
20 
20 
.30 


25 
25 
20 
J5 
40 
ft) 
50 
45 
80 
25 
30 
30 
15 
20 
20 
30 
25 
40 
25 


40 
45 
]U0 

40 
28 
14 
•M 
10 
18 
60 
38 
.27 
90 
15 
30 
20 
30 


Gun,  $30, 


30O 
115 
40 
55 
40 
25 
20 
30 
25 
.30 
35 
15 
25 


TREATY  WITH  THE  CREEK  NATION. 


307 


SCHEDULE  A.— Continued. 


Sobedole  A. 


S5 ;  > 


Kat  ch«  •iicbo 3$I05| 

Ya-h«  »:«c:i,. 1  3ol 

Susy          2  so! 

Sini-mft-lii-rlii      

Th:i-Uil')   fic-»--Co 5  JT.O 

HB-a-tlihiiH  Itiicl.d 6  |80! 

Co-chi)-c<t-iii  llaclui 3  90j 

Va-ila-Tv«   MhcIii-     3i  9<M 

[|-li  Nni  clii    j 

8lim-mn  l*-clii 5  2flol 

\Vil-\»iii  c.:i       I  0  Qtoj 

Wa-tii                  1  ♦  If.o| 

Co-hii  Tlilaccf i  3  l-M 

Chai'ly  liii:i:;i!:i 

Micco  Vahola.     ..    .;. . 


Susy 

Towko.         ... 

Chowiis  lii  llai-ho 

Micco  Mo  cha-sa 

dklii-chi   , 

Millis  »>cli<i-(!hi. 

Ch«is-k:i , 

!?ai-yi  "o-ho-ka 

T!i-iia-liic!ii.   

P<ii-chis  clii 

Cho-c.i-yii-chi        

Ii-wa-clii  

T!ii-<1i)!l^  KsK'h'     

Thli  cl'T-iM     

I(-8:i  t  c-^ica 

<\>ii-tu  l-:iii!li-l.a 

Sti-hi-ii]ii-c:.i !      j 

Wol-hiis-ii    I 

Mice  >  I)«chi) I     I 

Hok-ii  I  .ilHcc I 

Shok-li,.-ka i     ! 

Jenuy I     i 

JJillis  ;iacli<i  '     i 

KRl-cha^  Miclio   I 

Ni>-cos  t-inaiii-la  ...|     j 

Oc-mi-n-rhi!  \  u-lio-Ia ] 

Wocsi  lliiclio 1     \ 

i^'fy [ 

Sun-niavH-iii '■ 

Chi-|)R-ni  Thlac  Co 2j 

C'iwi-9!l  ,\;'.ccii 

Kluora  r'u-<)-ka !  2 


•a 

o 

a  n? 

c 

6=  ,; 

.-^ 

a.x 

3 

• 

:Sl 

o 

£    1    3    ig        = 
3    '    C5    i  3        a 


$5r. 

42 
36 


l.'i^OO 

4  12 

5  l.-i 

I  20  PO 

5»)   15'  (.■> 

<XI    13  3» 

.">»    13  39 

31)    Ifi,  48 

24      8;  24 

•m  10  40 

30 1  45  1.3 
2l5i  2.'>,  7, 

18  6|  Jf 
51)  I  6  IH 
U'lj  38  114 
12  140  420 

ir.o:  CO  iMi 

200 


20'  GO 

I 
13 


10    ?( 
42:  21    C3 


45  13:. 


00  8 1  HO 


3 

0 

3 

.0 

a 

."iO 

^■■ 

l.',(l 

ir.i 

40 

(0 

.■•.0 

oO 

r*\ 

25 

.30 

30 

30 

1.5 

?ii 

:io 

40 

40 

oO 

50 

K3 

.SI 

fi7 

ti7 

74 

74 

?4 

84 

.5.1 

55 

74 

74 

H4 

84 

IKO 

IKII 

104 

1(14 

84 

84 

200 

200 

203 

213 

ICO 

10(1 

70 

70 

74 

74 

l.-iO 

i.-o 

.ro 

50 

70 

70 

100 

100 

65 

85 

73 

73 

82 

82 

.W 

50 

43 

43 

00 

r>(i 

60 

00 

50 

.'.0 

Cuii,  $50, 


(;uii,$:o, 


Improvement 
(III  land. 
\  aliie  of. 


«-"25 
iO 
50 

:;o 

8« 

eo 
.35 
40 

MO 
50 

250 
s'O 
30 

150 

100 

123 

75 
50 
40 
80 
140 
85 
84 
84 
65 
74 
84 
100 
85 
83 
1.50 
100 
100 
103 
ICO 
84 
IfiO 
150 
.10 
80 
82 
C4 
72 
45 
54 
85 
70 
84 


I  certify  tiuit  the  foregoinj;  three  folios  constitute  Sehedvile  A,  of  the 
article  supplementary  to  the  Creek  Treaty,  to  which  are  they  attached, 
and  so  form  a  part  thereof. 

ALBEIIT  PIKE, 
Commusioncr  of  the  Con/tderate   iStatcs  to  the  Indian  Nations  w€st  of 

Arkansas 


308 


TREATY  WITH  THE  CREEK  NATION. 


Schedule  R. 


SCHEDULE  B. 
Claims  of  Persons  of  Bkich  Dirt's  Band. 


I'os-hu'.-chi  Tu8-te-nu?-ge. 

Micco  Macclie  

A-ha-loc  Ya-ho-la  

Cho-wu8-lar-yi   Ima-thla. . 

Hillis  Hacho 

•Sii-ya-Ko-la 

Cosah  Micco 

llepscy 


So-wi-ki 

To-kuo-pi 

Ho-po-ilth-S6 ... 

No-cos  llacho 

Chul  Macho 

Cho-wus-ta-yi  Hacho. . .  . 

Fai-i-chi-che 

Pa-hos  Ima-thla. 

.So-ko-i-ki 

<Jk-tar-ar-chi  llacho  

( )k-ia-a-clu  Ya-ho^hi .... 

To-wa-chi 

Pa-hit  Hacho 

Ok-ta-cbi 

<)-sun-i-ha 

Tai-ya-ki 

<)-thhii-chi 

ilillis  Hacho-<;hi 

ilillis  Hacho 

I  cho  Fic-9i-co 

Fi-yi-ki-cha 

Wo-li-cha 

«J<i-at-cha9  Hacho  

O-sun  1-ma-thla 

Kos  H  acho i  1 

Va-ha  Hacho 

Coii-tol  Hacho 

Tus-ta-nuk  Hacho 

La-ni 

Lo-ai-ei 

Tiis-te-nuk-ki 

Eliza 

Chus-si 


108 


■i  !§   - 


!53(i 


50 

IM 

2;l 

GO 

VI 

14 

42 

i!4 

IT 

51 

13 

39 

111 

■m 

7H 

.33 

13!) 

84 

48 

J44 

18 

4U 

1:^0 

144 

90 

270 

14 

4-i 

300 

60 

180 

246 


t5 


150l$4r.O 


1,)0  450 

lOO  300 

5  15 
20  60 

n\  .36 

20 !  120 

J)  I  27 

6  18 
60  180 
10  3;) 


18  54 

100  600 

5'  1.5 

13  3yl 

18:  54j 

43  12!)! 

1!)  :^v 


21   5   '£     S 
a    > 


56   356 


Value   of    Im- 
provements. 


56,  .56 

20  20 1 

|.38i  381 

j33  33! 

^40 1  40 


Sugar  cane. 
120 
100 
90 
.50 


3r5 

76 

no 


I  certify  that  tlie  l;ist  foregoing  two  folios  are  schedule  B.  of  the  arti- 
cle supplementary  to  the  Creek  treaty,  to  which  they  arc  attached,  and 
that  they  form  a  part  thereol'. 

ALBEBT  PIKE, 
Commissioner  of  the   Confederate    States  to  the   Indian  nations  west  of 

Arkansas. 


TREATY  WITH  THE  CREEK  NATION.  309 


SCHEDULE    C.  Schedule  C. 

Persons  nf  Tuf;-ti-)iu7c-o-chi's  jieoplc   entitled  to  money  in  lieu  of  Land 

^Varrants. 


Kou-tol  Placho,  of  I-co7i-liut-ki  town. 

Wal-lio-chi,  widow  of  Ya-lia  Fic-si-co. 

Ok-fus-ki,  heir  of  Api-co-clii  T-ma-tlila. 

Fai-chi-chi,  heir  of  Tul-ma-chi  Ilaclio. 

Sa-la-ko-ki,  heir  of  Kon-hut-ki  Micco. 

Si-ma-thli,  lieir  of  Ta-lap  I-ma-thJa. 

Yi-ak-chi,  widow  of  Octai  I-uia-thla. 

A.  W.  Fuller,  heir  of  Ilo-poi-ilth-thli,  of  Fos  Ilutchi  town. 

ITo-poi-ilth-thli,  heir  of  Tma-thla,  of  Fos  Ilutchi  town. 

I-poi-yi,  heir  of  Imathla  Thlaceo,  of  Fos  Ilutchi  town. 

8o-in-ki-cho-cho,  heir  of  Octai-i-achi  Ya-ho-la. 

Sa-na,  heir  of  Fos  lla-cho. 

Si-a-ka-li,  heir  of  Ya-ho-lo-clii. 

Chi-pa-ni  Thlacco,  heir  of  Tus-ti-uuk  Ilacho. 

La-ni,  lieir  of  Pa-hos  Ya-ho-la. 

Pa-uiort-ka,  heir  of  Tus-ti-nuk  T-nia-thla. 

Si-nia-iuai-chi,  heir  of  Us-sun  I-math-la. 

A-po-Io-ti-ki,  heir  of  Si-i-ya  Pus-ka. 

Mii-hai-yi,  heir  of  A-tus  Ya-ho-hi. 

Pa-chii-yi-si,  heir  of  Iw-thla-uis  I-ma-thla. 

Ca-la-ni,  heir  of  Po-ilth  Hacho. 

Mun-tul-ka,  heir  of  Ho-poi-yi  Ilacho. 

Mo-lit-tai-kl,  heir  of  Co-o-sa  Ilacho. 

Ma-lit-cha,  heir  of  Ho-pa-ui  Ilut-ki. 

Lo-li,  heir  of  A-tus  Micco. 

A-pi-Ia-ni,  heir  of  Micco  Hacho. 

Sa-lit-hot-chi,  heir  of  Cou-tol  I-mathla. 

Ko-nit  Yahola,  heir  of  Pa-kat-cha. 

Ot-los-si,  heir  of  Fai-ya-hola. 

Pa-raa-cliul-li,  heir  of  Ilillis  Ilacho. 

Mi-i-ak-ka,  heir  of  Aehul-li  Ilacho. 

Sa-nuii-ka,  heir  of  Illis  Ilacho-chi. 

Thla-nia-yi,  heir  of  Co-sis  Inia-thla. 

Si-a-will-i,  heir  of  Ho-o-pa. 

Louisa,  heir  of  Cho-co-te  Lua-lhla. 

Sa-hoi-yi.  heir  of  Nl-ha  Thlac-co-chi. 

Ho-poi-yi,  heir  of  Ilo-tul-li  I-ma-thla. 

Si-li-it-ka,  heir  of  Sa-mo-chi. 

Sa-pi-it-ka,  heir  of  Ttd-nia  Fic-si-co. 

Ta-lo-pi,  heir  of  Kat-cha  Ya-ho-la. 

Sa-mi,  heir  of  Ilo-tul-ki  Ya-ho-la. 

Co-o-sa  Micco. 


I  hereby  certify  that  the  fore<,'oing  two  paj,'cs  constitute  Schedule  C,  of 
the  article  to  which  they  are  attached,  supplemcutary  to  the  Creek 
Treaty,  and  so  are  a  part  of  that  article. 

ALBERT  PIKE, 
Commissioner  of  the  Confederate  States  to  the  Indian  Natiom  West  of 

Arkansas. 


310 


TREATY  WITH  THE  CREEK  NATION. 


Ratificaticn 
Oongress. 


by  RATIFICATION  BY  THE  CONGRESS. 

Renolccd,  (two-thirds  of  the  Oongress  concuring,)  That  the  Congress 
of  the  Confedenite  States  of  America,  do  advise  and  consent  to  the 
ratification  of  the  articles  of  treaty,  including  the  Secret  Article  and 
Supplementary  Article,  made  by  Albert  Pike,  Commissioner  of  the 
Confederate  States  to  the  Indian  Nations  west  of  Arkansas,  in  behalf 
of  the  Can  federate  States,  of  the  one  part,  and  the  Creek  Nation  of 
Indians,  by  its  chiefs,  headmen  and  warriors,  in  general  council  as- 
sembled, of  the  other  part,  concluded  at  the  North  Fork  Village,  on  the 
North  Fork  of  the  Canadian  River,  in  the  Creek  Nation,  on  the  tenth 
day  of  July,  in  the  year  of  our  Lord,  one  thousand  eight  hundred  and 
sixtj'^-onc,  with  the  following 

AMENDMENTS : 


Amendmecte.  I.  Strike  out  from  article  xxviii.,  the  following,  words  ;  "or  in  a  State 

court,"  and    insert,  in  lieu  thereof,  the  following  words:  "or  in  a  Stabe 
court,  subject  to  the  laws  of  the  State." 

II.  Add  at  the  end  of  article  xxx.  the  following  word.?  :  "  and  the 
Confederate  States  will  request  the  several  States  of  the  Confederacy  to 
adopt  and  enact  the  provisions  of  this  article,  in  respect  to  suits  and 
proceedings  in  their  respective  courts." 

III.  Strike  out  from  article  xi.  the  following  words:  "the  same 
rights  and   privileges  as  may  be  enjoyed  by  delegates  from  any  Territo- 

'  ries  of  the  Confederate  States,  in  the  said  House  of  Representatives," 
and  insert,  in  lieu  thereof,  the  following  words  :  "  a  seat  in  the  hall  of 
the  House  of  Representatives  to  propose  and  introduce  measures  for  the 
benefit  of  said  nations,  and  to  be  heard  in  regard  thereto,  and  on  other 
questions  in  which  either  of  said  cations  is  particularly  interested,  with 
such  other  rights  and  privileges  as  may  be  determined  by  the  House  of 
Representatives." 


TCoTK  — The  foicgoiiig  amendments  were  suUsec[ueiitly  ratlBed  by  General  Council 
of  til,.-  Creek  Na;io!i. 


TREATY  WITH  CIIOCTAWS  AND  CIIICKASAWS. 


JULY    22,   18in 


A  TllEATY  OF  FRIENDSHIP  AND  ALLIANCE, 

Ma<h  and  condudciJ  at  the  North  Fork  Yillivje  on  the  Xnrth  Fork  oj 
the  Canadian  river,  in  the.  Creek  Nation,  wfuit  (,/  Arkan.^aK,  an  the 
twelfth  day  of  Jidt/,  in  the  i/ear  of  our  Lord,  one  thonmnd  eii/ht  '^'^J  ^^>  ^**^ 
hundred  and  sixt (/-one,  brtwceu  the  Coufederate  iStatenof  America,  by 
Albert  Fike,  Commissioner,  with  plenary  powers,  of  the  Confederate 
Statc.-i  of  the  one  part,  and  the  Choctaw  Nation  of' Indiana  by  Robert 
M.  Jonex,  Sampson  Fol.iom,  Forbis  Leflose,  Georf/e  W.  Ilaricins, 
Alien  Wriifhf,  Alfred  Wade,  Coleman' Coir,  Jar.ies  Rilci/,  Fnfu^ 
Fohom,  William  Fitchlynn,  McGee  Kiiuj,  Vt'm  Kin;/,  J<din  Turnbidl, 
and  Wm.  Bryant,  Commissioners  appointed  by  (he  Frineijxd  Chief  oj 
the  sa.td  Choctaw  Nation,  in  pursuance  of  an  act  of  the  L'ljisbiture 
thereof,  and  the  Chichasain  Nation  of  Indians,  by  tdmnnd  Ficlcens, 
Ilohn-s  Colbert,  James  Gamble,  Jod  Kemp,  William.  Kemp,  Win- 
chester Colbert,  Ilenry  C.  Colbert,  James  N  McLish,  Martin  W. 
Alien,  John  M.  Johnson,  Samuel  Colbert,  Arehibahl  Alexander, 
Wil<on  Frazier,  Christopher  Columbus,  A-sha-lah  Tnbbi,  and  John  E. 
Andrrson,  Commissioners  elected  by  the  Lajislature  of  the  said 
Chickasaw  Natiem  of  the  other  part  : 

The  CoQgress  of  the  Confederate  States  of  America,  lia\  ing  by  "  An  Prcr.mhv, 
act  for  the  protection  of  certain  Indian  tribes, "  approved  the  twenty- 
first  day  of  May,  in  the  year  of  our  Lord,  one  thon.sarul  ei;.'ht  hundred 
and  sixty-one,  offered  to  assume  and  accept  the  ])rotectorate  of  the 
several  nations  and  tribes  of  Indians  occupying  (he  country  west  of 
Arkansas  and  Missouri,  and  to  recognize  them  as  their  wards,  subject  to 
al!  the  rights,  privileges  and  immunities,  titles  and  guiranrees  with 
each  of  said  ?<ations  and  tribes  under  treaties  made  with  tliem  by 
the  United  States  of  America;  and  the  Choctaw  and  Chickasaw 
Nations  of  Indians  having  each  assented  thereto.  uj)on  certain  terms 
and    conditions; 

Now  therefore,  The  said  Confederate  Stiites  of  America,  bv  Albert 
Pike,  their  Commissionei',  constituted  by  the  [Resident,  under  authority 
of  the  act  of  Congress  in  their  behalf,  with  plenary  powers  for  these 
purposes,  and  the  Choctaw  and  Chickasaw  nations  by  their  respective 
Commissioners  aforenamed,  have  agreed  to  the  follo\v»n;r  Articles,  that 
is  to  say : 

Article   I.    There  shall   be  perpetual  peace  and   friendship,  and  sn     P'-Pcfu-.J  i ":-''• 
alliance    offensive   and    defensive,   between    the    (!onfedorate  Slates    ^ij-»°'"''''"-'<''>*'^V 
America   and   all    of   their   .States  and    people,  and    the    (Choctaw  and 
Chickasaw  Nations  and  all  the  people  thereof 


.:i2  TREATY  WITH  ^IIOCTAWS  AND  CHICK ASAWS. 

Prcu-ctio  ofiUo      ARTicr.R    II.     The   Choctaw   and    Chickasaw  Nations    of    Indiana 

^  o-       •  acknowledge   themseh'es  to  be  under  the  protection  of  the  Confederate 

States  of  America,  and  of  no  other  power  or  sovereign  whatever;  and 

do  hereby  stipulate   and  agree  with  them   that  they  will  not  hereafter, 

No  ii;ii:incc  witli  uor  shrill  any  one  of  their  people  contract  •,\ny  alliance,  or  eutcr  into  any* 
a  jy  iirci^'u  I'uive.-.  (.onipact,  treaty  or  agreement  with  any  individual  State  or  with  a 
foreign  power,  and  the  said  Confederate  States  do  hereby  assume  and 
accept  the  said  protectorate,  and  recognize "  the  said  Choctaw  and 
Chickasaw  Nations  as  their  wards;  and  by  the  consent  of  the  said  Choc- 
taw and  Chickasaw  Nations,  now  here  fn-ely  given,  the  cotmtry  whereof 

An!H'^:iti..n  of  they  are  proprietors  in  fee,  as  the  same  is  hereinafter  described,  is  annexed 
cjiritory.  to  the  Confederate  States  in  the  s<ime  manner  ;uid  to  the  same  extent  as  it 

was  annexed  to  the  United  States  of  America  before  that  government 
was  dissolved,  with  such  modifications,  however,  of  the  terms  of  annexa- 
tion, and  upon  such  conditions  as  are  hereinafter  expressed,  in  addition 
to  all  the  rights,  privileges,  immunities,  titles  and  guarantees  with  or  in 
iavor  of  the  said  nations,  under  treaties  made  with  them,  and  under  the 
statutes  of  the  I'nited  States  of  America. 
Acocptance  of  Artici>e  III.  The  Confederate  States  of  America,  having  accepted  the 
?ile  c'^T*''''™''^  ^"^  ^^^^  P'"'^**^*^*^^*"'^^^'  h^^'^^by  solemnly  promise  the  said  Choctaw  and  Chick- 
asaw Nations  never  to  desert  or  abandon  them,  and  that  under  no  circum- 
stances will  they  permit  the  Nurtliern  States  or  any  other  enemy  to  over- 
come them  and  sever  the  Choctaws  and  Chickasaws  from  the  Confede- 
racy; but  that  they  will,  at  any  cost  and  all  hazards,  protect  and 
del'end  them  and  inaintain  unbroken  the  ties  created  by  identity  of 
interests  and  institutions,  anii  strengthened  and  made  perpetual  by  this 
treaty. 

15oiiri<laric-s  of  x\rticle  IV.  The  following  shall  constitute  and  veniaiu  the  bounda- 
ihe  Choctaw  and  j-Jes  of  the  ChoctaAV  and  Chickasaw  country,  that  is  is  to  say:  Becrinning 
t|.^  at  a  point  on  the   Arkansas    river  one  hundred   paces  east  or  oJd  rorfc 

Smith,  where  the  western  boundary  line  of  the  State  of  Arkansas 
crosses  that  river,  and  running  thence  to  Red  river  by  the  line  between 
the  State  of  Arkansas  and  tJie  Choctaw  and  Chickasaw  country,  as  the 
s  ime  was  resurveyed  and  marked  under  the  authority  of  the  Ignited 
States,  in  the  year  of  our  Lord,  one  thousand  eight  hundred  and  fifty-five  ; 
thence  up  Red  river  to  the  point  where  the  meridian  of  one  hundred 
degrees  west  longitude  crosses  the  same;  thence  north  along  said 
meridian  to  the  main  Car.adian  river;  thence  down  said  river  to  its 
junction  with  the  Arkansas  river;  thence  down  said  river  to  the  plare 
of  beginning.  The  boundaries  of  the  said  country,  on  the  north  and 
on  the  so'th,  between  the  said  east  and  west  lines  being  the  same  in  all 
respects,  with  all  riparian  and  other  rights  and  privileges,  as  they  were 
fixed,  created  and  continued  by  the  treaties  of  the  eighteenth  day  of 
October,  A.  I)  ,  one  thousand  eight  hundred  and  twenty,  and  of  the 
twenty-seventh  day  of  September,  A.  D.,  one  thousand  eight  hundred 
and  thirty. 

:>oundarie.=i  of  Artiolk  V.  It  is  hereby  agreed  by  and  between  the  Choctaw  and 
th«  Chick  asaw(t},j(,]^,^g.^^^.  Nations  that  the  boundaries  of  the  Chickasaw  country  shall 
hereafter  continue  to  bo  as  follows,  that  is  to  say:  beginning  on  the 
north  bank  of  Red  river,  at  the  mouth  of  Island  bayou,  where  it 
empties  into  Red  river,  about  twenty-six  miles  on  a  straight  line,  below 
the  mixith  of  False  AVachita;  thence  runnini":  a  northwesterly  course 
along  the  main  channel  of  said  bayou  to  the  junction  of  the  three 
prongs  of  said  bayou,  nearest  the  dividing  ridge  between  the  Wachita 
and  JjOW  Blue  rivers,  as  laid  down  on  Captain  R.  L.  Hunter's  map; 
thence  northerly  along  the  eastern  prong  of  Island  Bayou  to  its  source ; 
thence  due  north  to  the  Canadian  river;  thence   west  along  tlie   main 


TREATY  WITH  CIIOOTAWS  AND  CIIICKASAWS.  313 

Canadian  to  the  ninety-eighth  degree  of  west  longitude ;  thence  south 
to  Red  river;  and  thence  down  Red  river  to  the  beginning:  Frovidrd,  Proviso. 
hoiccoer,  If  the  line  running  due  north,  from  the  eastern  source  of  Island 
bayou,  to  the  main  Canadian,  shall  not  include  Allen's  or  Wa-pa-naclsA 
academy,  within  the  Chickasaw  district,  then  an  olFset  shall  be  made 
from  same  line  so  as  iv  leave  said  academy  two  miles  within  the  Chicka- 
saw district,  north,  west,  and  south  from  the  lines  of  boundary. 

/ViiTlOLE  VI.   The  remainder  of  the  country  held  in    ciunnion  by  the    Cbiicta»Y  district. 
(Ihoctaws  and  Chickasaws,  including  the  leased  district,  shall  constitute 
the  Choctaw  district,  and  their  officers  and  people  shall  at  all  times  have 
the    right   of  safe   conduct   and    IVoe  passage   through    tlie    Chickasaw 
district. 

Articlk  vie.   The  Choctaw  and  Chickasaw  Nations  hereby  give  their     A.'^.sent  givon  to 
full,  free  and  unqualified  assent  to  those  provisions  of  the  act  of  Congress  ^^^^  ve-til!  mcph'- 
of  the  Confederate  States  of  America,  entitled  "  An  act  for  the  jirotec-  ti.^r.v'in  thu  C.  S. 
tion  of  certain  Indian  tribes,"  approved  the  twenty-first  day  of  Hsiy.  in 
the  year  of  our  L(U'd,  one  thousand  eight  hundred  and  sixty-one,  whereby 
it  was  declared  that  all  reversionary  and  other  interest,  right,  title,  and 
proprietorship  of  the  United  States  in,  unto,  and  over  the  Indian  C(>uiitry 
in  which  that  of  the  said  naticms  is  included,  should  pass  to,  and  \ii^\  in  the 
Confederate   States ;    and   whereby   the   President  of  the   Conl'ederato 
States  was  authorized  to  take  military  possession  and   occupation  of  all 
said  countrv;  and  whereby  all  the  laws  of  the  United  States,  with  the  „  Laws  of  the  U. 
^V         •      /"i  1  V      1  1     i  y  •      p  •  •  1  i        S.    declared    to  be 

exception  thereinafter  made  a]»plicable  to,  and  m  iorce  in  said  country,  5,^  j-.^j.^^.^ 

and  not  inconsistent  with  the  letter  or  spirit  of  any  treaty  stipulations 
entered  into  with  the  (yhoctaw  and  Chickasaw  Nations  among  others  were 
re-enacted,  continued  in  force,  and  declared  to  be  in  force  in  said  country, 
as  laws  and  statutes  of  the  said  Confederate  States  :  Proin'(I''J,  hi>irrr/-r,  Provi  <>. 
And  it  is  hereby  agreed  between  the  said  parties  th.it  whatever  in  the 
said  laws  of  the  United  States  contained,  is  or  may  be  contrary  to,  or 
inconsistent  with  any  article  or  provision  of  this  treaty,  is  to  be  of  none 
effect  henceforward,  and  shall,  upon  the  ratification  hereof,  be  deemed 
Mn<l  taken  to  have  been  repealed  and  annulled  as  of  the  present  date,  and 
this  assent,  as  thus  qualified  and  conditioned,  shall  relate  to,  and  be 
taken  to  have  been  given  upon  the  said  day  of  the  approval  of  the  said 
act  of  Congress. 

ArttclkVIII.  The  Confederate  States   of  America   do   hereby  sol-    jj;,'';"'^'^  ^°1  a*^*n 
emnly  guarantee  to  the  Choctaw  and  Chickasaw   nations  to   be  held  by  j,,,^,,^.^,;^.,    ^uar- 
them  to  their   own   use   and   behoof  in   fee   simple   foi-ever,  the   lands  anteed  to  the  Choc- 
included  within  the  boundaries  defined  in  article  IV  of  this  treaty;  to  J"w.i"<^<-'b'«l^asaw 
be  held  by  the  people  of  both  the  said  nations  in  common,  as  they  have 
heretofore  been  held,  so  long  as  grass  shall  grow  and   water  run,  if  the 
said  nations  shall  so  please,   but  with   power   to  survey   the   same,  and 
divide  it  into  sections  and  other  legal  sub-divisions  when  it   shall  be  so 
voted  by  a  majority  of  the  legal  voters  of  each  nation  respectively;  and     Partition  and 
of  making  partition  thereof  and   disposition  of  parcels  of  the  same  by  s*l<^  ^*'  saoh  lands, 
virtue  of  the  laws  of  both  said  nations,   duly  enacted  ;  by  which  parti- 
tion or  sale,  title  in  fee  simple  absolute  shall  vest  in  parceners  and  pur- 
chasers whenever  it  shall  please  both  nations  of  their  own  free  will  and 
accord,  and  without  solicitation  from  any  quarter  to  do  so  ;  which  solici- 
.tation  the  ('onfedorate  States  hereby  solemnly  agree  never   to   use;  and 
the  title  and  tenure  hereby  guaranteed  to  the  said  nations  is  and  shall  be 
subject  to  no  other  conditions,  reservations,  or  restrictions  wiiatever  than 
suah  as  are  hereinafter  specially  expres,«ed. 

A»TICLK  IX.  None  of  the  lands  hereby  truaranteed  to  the  Choctaw  Pale,  Ac,  of 
and  Chickasaw  Nations  .sl»ll  be  sold,  ceded 'or  otherwise  disposed  of  to  |^^j;J'^^^.^^'J^'J>'^^f°^: 
any  foreign  nation  or  to  any  State  or  government  whatever;  and  in  case  itcd. 


314 


TREATY  WITH  CII0CTAW3  AND  CHICKASIWS. 


No  Stale  or  Ter- 
ritory to  pass  laws 
for  said  nations. 


Proviso. 


any  such  sale,  cession  or  disposition  sbould  be  made  without  the  consent 
of  the  Confederate  State-s,  all  the  said  lands  shall  theieiipon  revert  to  the 
Confederate  S.fcates. 

Article  X.  The  Confederate  States  of  America  do  hereby  solemnly 
agree  and  bind  themselves  that  no  State  or  Territory  shall  ever  p9.ss  laws 
for  the  government  of  the  (^hoctaw  and  Chickasaw  Nations  ;  and  that  no 
portion  of  the  country  guaranteed  to  them   shall   ever  be  embraced  or 
Not  to  he  infor-  included  within  or  annexed  to  any  Territory  or  Province  ;  nor  shall  any 
other*'p.>\'t'>an"r-  ^t'^*^"'?^  ^^c'"  ^^  made,  except  ut)on  the  free,  voluntary,  and  unsolicited 
ganixatioa  wi  Loui  application  of  both  said  nations  to  erect  their  said  country,  by  itself  or 
their  frej  consent,  with  any  other,  into  a  State,  or  any  other  Territorial  or  political  organi- 
zation, or  to  incorporate  it  into  any  State  previously  created. 
hJ\]'^  .r^''^,  '"      Article  XI.  The  lease  made  to  the  United  States   by  the  treaty  of 
terrii;)ry  by  i  b  e  *'^*^  twenty-second  day  of  June.  A.  J).,  one  thousand  eight  hundred  and 
t.-tnty  of  Jiino  22.  fii'ty-five,  by  the  Choctaw  and  Chickasaw  Nations  of  all  that  portion  of 
]»oo.^  roiifVT  d    to  their  common  territory  which  lies  west  of  the   ninety-eighth  parallel  of 
west  longitude,  is  hereby  renewed  to  the  Conl'ederate  States,  but  for  the 
c.^'v'^'"!'*^  ''^^"•^term  of  ninety-nine  years  only,  from  the  date  of  this  treaty;  and   it   is 
tain  b;inds  of  In- '\""''6ea  that  the  (yoniederate  States  may  settle  and  maintain  therein,  upon 
Jians  I'aer^n.        reserves  with  d(*finite  limits,  but  of  sufficient  extent,  all   the  bands   of 
the  Wichitas  or  Fa-wai-hash,  Huecos,  Caddos,  Fa-hua-cu-ros,  Ana-digh- 
cos,  Kichais,  Fon-ea-was,  louais,  Comanches,  l^elawares,  Kickapoos  and 
Shawnees,  and  any  other  bands  whose  permanent  ranges  are  south  of  the 
Canadian,  or  between  it  and  the  Arkansas,  and  which  are  now   therein, 
or  that  they  may  desire,  hereafter,  to  place  therein,  but   not   including 
any  of  the  Indians  in   New  Mexico,   nor  any   other  bands  than    those 
included  in  the  above  specification  and  description,  without  the  consent 
of  both  the  Choctaw  and  Chickasav/  Nations  :    Fruv.i<le<],   And  it  is  hereby 
further  agreed  that  whenever  the  said  Choctaw  and  Chickasaw  Nations 
become  a  State,   ihe  reserves   so  apportioned  to  the  said  several   bands 
shall  belong  to  them  in  fee,  not  exceeding,  however,  for  each  band,  the 
same  quantity  of  good  land  as  would  belong,   upon   a  partition   of  the 
lands  of  the  two  nations  to  an  equal  number  of  (Jhoctaws   and  Chicka- 
saws  in  the  whole  country;  and  when  the  said  bands  conieut  to  a  parti- 
tion among  themselves,  each  individual   shall  have   and   receive  in   fee, 
within  the  said  leased  country,  as  large  a  quantity  of  good  land  as  shall  or 
would  be  apportioned  to  each  Choctaw  or  Chickasaw  in  partition  of  all 
the  national  lands,  with  the  right,  however,  now  and  in  all  future  time, 
to  the  said  several  bands  so  settled  or  to  be  settled  in  said  leased  district 
to  hunt  upon  all  the  vacant  and  unoccupied   parts  of  the   same  without 
let  or  molestation. 

Article  XII.  It  is  hereby  further  agreed  between  the  parties  to  this 
"'  treaty  that  the  Indians  so  settled  upon  i-eserves  in  the  country  so  leased 
t,,  shall  be  until  they  aie  capable  t)f  self-government,  or  until  they  shall  be 
ibelasYsofthfCS.  with  their  own  consent  incorporated  among  the  Choctaws  and  Chicka- 
saws.  subject  to  the  laws  of  the  Confederate  States,  and  to  their  exclu- 
sive control,  under  such  rules  and  regulations,  not  inconsistent  with  the 
rights  and  interests  of  the  ('hoctaws  and  (vhickasaws,  or  with  the  Con-. 
stitution  and  laws  of  the  (/unfederate  States,  as  may  from  time  to  time 
be  prescribed  by  the  President  for  their  government  :  Provided,  how- 
fvr,  That  the  country  so  leased  shall  continue  open  to  settlement  by  the 
Choctaws  or  Chickasaws  as  heretofore;  and  all  members  of  each  nation 
settled  therein  shall  be  subject  to  the  jurisdiction  and  lav/s  of  the  Choc- 
taw Nation.  exee;>t  as  here' naffer  provided  ;  for  which  purpose  the  .said 
leased  district  may  be  a  district  of  that  nation  ;  but  no  interference 
with  or  trespass  upon  the  settlements  or  improvements  of  the  reserve 
Indians  shall  be  permitted,  under  any  pretext  whatever;    nor  shall  any 


IndiiDS    settl  d 
<'.po  I     reserves 
the  c.  I)  n  n  t  r  y 
iftas  d.    .^ii!)ie(.t 


Proviso. 


TREATY  WITH  CUOCTAWS  AND  CHICKASAWS.  315 

of  the  1-iw.s  of  either  the  Choctaw  or  Ohickasaw  Nations  be  in  force  in 

said  Icised  country,  except  so  far  as  those  of  the   Choctaw  Nation   can, 

withiint   infraction    of  this    treaty,    apply    to   the    members   of   either 

nation  residing;  in  the  district  in  question. 

Aurici-E  XIII.  All  navigable  streams  of  the  Confederate  States  and     Frc-o  navig«t)oit. 

of  the  Indian  country  shall  be  free  to  the  people  of  the   Choctaw   and 

Chickasaw  Nations,  who  shall  pay  no  higher  toll  or  tonnage  duty  or  other 

duty  than  the  citizens  of  the  Confederate  States ;    and  the  citizens  of    Ferry  privilege? 

those  nations  living  upon  Red  river,  shall  have,  possess,  and  enjoy  upon*"  ^''p*^'!^,.  '^'°^ 
'^    ,.'  ...  ,  ^  '.         11  upon  Red  n%er. 

that  nver,  the  same  ferry  privileges,  to  tlic  same  extent,  in  ail  respects, 
as  citizens  of  the  (^lonfederate  States  on  the  opposite  side  thereof,  subject 
to  no  other  or  a  different  tax  or  charge  than  they. 

AiiTiCTiK  XIV.  So  far  as  maj'  be  compatible  with  the  Constitution  of     Rij^lits  of  pelf- 
the  Coul'ederate  States  and  with  the  laws  made,  enacted,  or  adopted  in  f "'.'"7 "•'""•" *'vf;L'' 

,.         .  ,  ,      .  ,  ,     .  .,,'-,.        full    lunsaiction, 

contormity  thereto,  reguhiting  trade  and  intercourse  with  the  Inaian  j„,)iuiui  and  other- 
tribes,  as  the  same  ate  limited  and  modified  by  this  treaty,  the  Choctaw  wise,  over  peraous 
and  Chicka.saw  Nations  shall  pos.sess  the  otheiwise  unrestricted  right  of*"^^  property. 
self-government,  and  full  jurisdiction,  judicial  and  otherwise,  over  persons 
and  property  within  their  respective  limits;  excepting  only  such  white 
persons  as  are  not,  by  birth,  adoption  or  otherwise,  members  of  eitlier  the 
Choctaw  or  C'hickasaw  Nation  ;  and  that  there  may  be  no  doubt  as  to  the 
meaning  of  this  exception,  it  is  hereby  declared  that  every  white  person 
who,  having  married  a  Choctaw  or  t'hickisaw  woman,  residesin  the  said 
Choctaw  or  Chickasaw  country,  or  who,  without  intermarrying,  is  per- 
maneutly  domiciled  therein  with  the  consent  of  the  authorities  of  the 
nation,  and  votes  at  elections,  is  to  be  deemed  and  taken  to  be  a  member 
of  the  said  nation  witiiin  the  true  intent  and  meaning  of  this  article; 
and  that  the  exception  contained  in  the  laws  lor  the  punishment  of 
offences  committed  in  the  Indian  country,  to  the  effect  that  they  shall 
not  e.Ktend  or  apply  to  ofFences  committed  by  one  Indian  against  the 
person  or  property  of  another  Indian  shall  be  so  extended  and  enlarged 
by  virtue  of  this  article  when  ratified,  and  without  furlher  legislation, 
as  that  none  of  said  laws  shall  extend  and  apply  to  any  oifencc  committed 
by  any  Indian,  or  negro,  or  mulatto,  or  by  any  white  person  so  by  birth, 
adoption  or  otherwise  a  member  of  such  Choctaw  or  (yhickasaw  Nation 
against,  the  person  or  property  of  any  Indian,  negro,  mulatto,  or  any  >iu'h 
white  person,  when  the  same  shall  be  committed  within  the  limits  of  tbe 
said  Choctaw  or  (^hickasaw  Nation  as  hereinbefore  defined  ;  but  all  such 
persons  shall  be  subject  to  the  laws  of  the  (Jhoctaw  and  ( Ihickasaw  Nations 
respect i vol}',  and  to  prosecution  and  trial  before  their  tribunals,  and  to 
punishment  according  to  such  laws,  in  all  re-<pects  like  native  members 
of  the  said  nations  respectively. 

At.MCLB  XV.    All  persons,  not  meiiibers  of  ibe  Choctaw  or  CliicKas.iw     Who  cnn.«iierod 
Nation,  who  may  be  found  in  tlieCiiorlaw  and  (Vjiicka'^aw  conntry.  as  iioie- "■"  '""■"''*""^!  ^^^ 
inb#fore  limited,  shall  be  considered  as  intruders,  and  be  removed  and  kciit  ,„\,L.i'"''"'^ 
out  ot  the   same,  either   by   the  civil    officers  of  the    Nation,  under   the 
direcAion  of  the  Executive  or  Legislature,  or  by  the  agent  of  tlie  ('onfed- 
erate  States  for  tlie  Nation,  who  shall   be  authuri/.ed  to  demand,  if  neces- 
sary, the  aid  of  the  militarv  for  that  purpose;  with  the  following  excep- 
tions only,  that  is  to  say  :  i^^iudi  individuals,  with  their  families,  as  may  be 
in    the   emplyment    of   the    government  of   the  Confederate  Stales ;  all 
persons  pc.ii^eably  travelling,  or  teinporariiy  sojourning  in  the  country,  or 
trading  theiein  uniler  license  from  the  proper  antlioritv  ;  and  such  person-; 
as  mav  be  perniilte  1   bv    tlie  Clio. -taws  or  (?liickasasv-<  with  the  a-<seiit  of 
the  Mg»nit  of  tlie  Co;i'('.  l.vite  States,  to  resi.Je  within  their  respective  liiuit>i 
without  bo"Oining  ni '.iibirs  of  either  of  said  nations. 

Ap.nci.K  XVI.  A  tract  »>f  two  sections  of  land  in   each  of  said  ii:iti<>ns, 


316  TREATY  WITH  CHOOTAWS  AND  CHICKASAWS. 

Cession  of  Ian  i  to  be  selected  by  the  President  of  the   Confederate  States,  at  such  p«inis 

to  tha  C.  S.  ,^s  he  may  deem  most  jM-oper,  inchiding,  if  he  pleases,  the  present  site  of 

the  agency  in  each   nation,  is  hereby  ceded   to  the  Confederate  States ; 

and  when  selected  shall  be  within   their  sole   and   exclusive  jurisdiction: 

Provit^o.  Provided,  That  whenever  tlie  agency  for  either  nation  shall  be  discoiitiued, 

the  tract  so  selected  therein  sjiall  revert  to  the  said  Choctaw  and  Chicka- 

Further  proviso,  saw   Nations,    with  all  the  buildings  that  may  then  be    thereon  :    And 

provided,  also,  That  the   President  may,  at  any  time,  in  his  discretion, 

select  in   lieu   of  either  said   leserves,  any  unoccupied  tract  of  land  in  the 

same  nation,  and  in  any  other  part  thereof,  not  greater  in  extent  than  two 

sections,  as  a  site  for  the  agency  for  sucli  nation,  which  shall,  in  such  case, 

constitute  the  reserve,  and  that  first  selected  shall  thereupon  revert  to  the 

Choctaw  and  Chickasaw  Nations. 

Forts  and  luili-      Article  XVIL  The   Confederate  States  shall   have  the  right  to  build, 

tary  posts,  an  il  (3^t;,[,ii,;]|  ^jj,}  niaintain  such  fortsand  inilitarvposts,1einporarY  or  permanent, 

inilUary  aad  post-         ,         ,        ...  ,  ,  ,^       ■•,  i  •'        ^  •  ,  . 

i-oads.  '"^I'd  such  military  ani  1  post-roads  as  the  President  may  deem  uecessg-ry  within 

the   Clioctaw  and   Chickasaw  country ;    and   the   quantity   of   one   mile 
square  of  land,  including  each  fort  or  post,  shall  be  reserved  to  the  Con- 
federate States,  and  within  tlieir  sole  and  exclusive  jurisdiction,  so  long  as 
such  fort  or  post  is  occupied ;  but  no  greater  (quantity  of  land  beyond  one 
mile  square  shall  be  used  or  occupied,  nor  any  greater  quantity  of  timber 
Compensation  for  felled  than  of  each  is  actually  requisite;  and  ii',  in  the  establishment  of 
private     property  g.^^j^  j-^^,.j       gj.  ^j.  ,.q.^|j   q^.  ^f  ^]^q  ^^o-encv,  the  property  of  anv  in<lividual 
taken    for    public  ,         '/,,       n<i       .  rii  •   i  V   x-  If     -n 

uie.  member  ot  the  Choctaw  or  Chickasaw  iNation,  or  any  property  ot  either 

nation,  other  than  land,  timber,  stone  and  earth,  be  taken,  desti-oyed  or  injured, 
just  and  adequate  compensation  shall  be  made  by  the  Confederate  States, 
Right  of  way  for      ARTICLE  XVIH.  The  Confederate  States,  or  any  company  incorporated 
railroads  and  tele-  ]^y  them,  or  any  one  of  them,  shall  have  the  right' of  way,  for  railroads  or 
telegraph  lines,  through  the  Choctaw  and  Chickasaw  coufitry;  but  in  the 
case  of  any  incorporated  company,  it  shall  have  such   I'ight  of  way  only 
upon  such  terms  and  payment  of  such  amount  to  the  Ciioctaw  and  Chick- 
asaw Nations,  as  may  be  agreed  on  between  it  and  the  National  Councils 
thereof  j  or,  in   case   of  disagreement,  by  making  full   compensation  not 
o!)ly  to  individual  parties  injured,  but  also  to  the  nation  for  the  right  of  way  ; 
all  damage  and-  injury  done  to  be  ascertained   and  detei'tnined  in  such 
manner  as  the  President  of  the  Confederate  States  shall  direct.     And  the 
iit;-Iit  of  way  granted  by  said  nations  for  any  railroai],  shall  be  perpetual,  or 
for  such  shorter  term  as  the  same  may  be  granted,  in  the  same  manner  as 
if  no  reversion  of  their  lands  to  the  Confederate  States  were  provided  for 
in  case  of  abauilonment  by  them,  or  extinction  of  their  nation. 
Xo  person  to  sot-      ARTICLE  XIX.  No  persons  shall  settle,  farm   or  raise  stock  within  the 
tu,  fann  or  raise  limits  of  any  post  or  fort  or  of  either  agency,  except  such  as  are  or  may 
stock   within  cer- |^g  jj-^  ^j^^  employment  of  the  Confederate  States,  in  some  civil  or  military 
tain  lunits.  .  -      •   .  ,     •  ,  •  ,..',..  ,    ,  ,.    i 

capacity;  or  such   as,  being     ubject  to   the  jurisdiction   and  Jav/s  ot  the 

Choctaw  or  Chickasaw  Nitiou,  are  permitted  by  the  commanding  officer 
of  the  fort  or  post  to  do  so  thereat,  or   by  the  agent   to   do  so,  upon  the 
agency  resei've. 
Appointment  of      AuTicLE  XX.  An  agent  of  the  Confederate  States,  for  the  Choctaw  and 
aL'eutarHlintcrpre- Chickasaw  Nations,   and    an    interpreter  for  each  shall  continue  to    be 
ters.      Where    t'' appointed.     The  interpreters  shall  reside  at  their  respective  agencies  ;  and 
"     '        .  the  agent  at  one  of  them  or  alternately  at  each.     And  whenever  a  vacancy 

of&ces  how  fiUed!  ^^''''^  oc'cur  in  either  of  the  said  offices,  the  authorities  of  the  nation  shall 
be  consulted  as  to  the  person  to  be  appointed  to  fill  the  same,  and  no  one 
shall  be  appointed  against  whom  they  protest,  and  the  agent  m»j  be 
removed,  on  petition  and  formal  charges  preferred  by  the  constituted 
authorities  of  the  nation,  the  President  being  satisfied,  upon  full  investiga- 
tion, lliat  theie  is  sufficient  cause  for  such  reinoval. 


TREATY  WITH  CIIOCTAWS  AND  CMICKASAWS.  317 

AwrcLE  XXI.  The  Covifefiorate  States  p.hall  protect  tlie  Choctaws  ami     Protection  ftom 
Chi<-k««R\vsfroin  doMiestic  strife,  iVoin  hostile  invasion,  and  from  acjffi-ession  <^-mestic  strifs,  m- 
b}'  other  Indians-  and  white  persons,  not  suhjci-t  to   the  jiinsdu-.tion  and  ^5,^,^ 
laws  of  the  Choctaw  or  Chickasaw  Nation  ;    and  for  all  injuries  resiiltinp; 
from  such  invasion  or  ag-gression,  full  indemnity  is  horebv  trnaranteed  to  the 
paiiT  or  parties  injured,  out  of  the  Treasury  of  the  Confederate  States, 
upon  tlie  same  principle  an.l  aceordiniv  to  the  same  rules  u])on  which  white 
persons  are  entitled    lo  ind(;innity  for   injuries   or  ag-g-ressions  upon    them 
committed  bv  Indians. 

AuTicu-:  XXll.   li  is  further  ajxreed  between  the  parties  that  the  agent     Preven  ionofin- 
of  the  Confederate  States  upon '''the   applii^«tion  of  the  authorities  of  ^^^^y^r<l('7l^^roue 
Choctaw  and  Chickasaw  Nations  will  not  only  resort  to  every  proper  legal  and  improper  ^'^r- 
remedv,  at  the  expense  of  the  Confederate  States,  to  prevent  intrusion  sobs. 
upon  the  lands  of  the  Choctaws  and  Chickasaws.  and  to  remove  dangerous 
or  improper  persons,  but  he  shall  call  upon  the  military  power,  if  neees- 
sarv.  and  to  that  end  all  commanders  of  military  posts  in  the  said  country 
shall  be  required  and  directed  to  afford  him,  upon  his  requisition,  whatever 
aid  may  be  necessary  to  effect  the  purposes  of  this  article. 

AnricLK   XXllI   'if  any  prom^rty  of  any  Choct.aws  or   Chickasaws  be     R*^>n«Jy  f'"-  rc- 

..     1       /■    '  ,.   i        *     f>.     ,    -    1         .11  i."  ii.  i   CO  very  ol  tiroficriy 

tak*n  by  citizens  ot  the  Confederate  States,  by  stealth  or  force,  the  «,2Cent.  ^^^.^  j^^,  '^g  y^y 

on  complaint  made  to  him  in   due  foi'in,  by  affidavit,  shall    use  all   proper  stealfVi  or  force  by 

leg«l  means  and  remedies,  in  any  Slate  where  the  offender  rnay  be  found,  c'tizens  of  the  C. 

to  reg.iiii  the  property  or  compel   a  just  remuneralion,  and,  on  failure  to  -" 

procure  redress,  payment  shall  be  made  for  the  loss  sustained,  by  the  (x»n- 

fedei«t«  States,  upon   the   report  of  the  agent,  who  shall    have  power  to 

tak»  testimony  and  examine  ■vvittiessi.'s  in   reg-ard   to  the  wrong  done  and 

the  extent  of  the  inpiry. 

AnncLK  XXIV.  No' person  sball  be  licensed  to  tra<lo  with  the  Choctaws     r.ioense  to  tr-.uW 

and  Chickasaws,  except  by  the  agent,  and  witli  tlie  advice  and  consent  ot  ^^^^j  tjijiyi-j^ja^.j. 

the  National  Council.     Every  such  trader  shall  execute  bond  to  the  ('on- 

feder.ate  States,  in  such  form  and  manner  as  was  required  by  the  United 

States,  or  as  may    be  required   by   the  l^ureaii  of   Indian   Affairs.     The 

authorities  of  the  Choctaw   and  Chickasaw  Nations  may,  by  a  general 

law,  duly  enacted,  levy  and  collect  on  all   licensed  traders  in  the  nation  a     Tux  on  traderi^. 

tax  of  not  more  than  one-half  of  one  per  cent,  on  all   goods,  wares  and 

merchandize  brought  by  them  into  the  Choctaw  and  Chickasaw  country 

for  sale,  to  be  collected  whenever  such  goods,  wares  and  merchandize  are 

introduced,  and  estimated  upon  the  first  cost  of  the  same  at  the  jdace  of 

purchase,  as  the  same  shall    be  shown   bv  the  copies  of  the  invoices  filed 

with  the  agent:  Providaf,  That  no  higher  tax  shall  be  levied  and  collected     J'rovi^o. 

than    is    actually    levied    and    collected    in    the    same     year   of    native 

traders    in    the   nation ;    nor  shall  one    be    taxed  at  all  unless  the  others 

are.      No    appeal    shall    hereafter    lie   from    the    decision    of  the   agent     Appeal  from  lU- 

or    council,    refusing   a   license,    to   the    Commissioner  of  Indian    Affairs,  cjsiuii  refusing 

or  elsewhere,   except   on'y    to    the    Superintendent,   in    case    of  refus;d  '"<>"*'-'• 

by    the    agent.      And  'no    license    shall    be    required    to    authorize    any     ^Vhen  license  not 

member  of  the  Choctaw  or  Chickasaw  Nation,  wh<>  is  by  birlh  and  blood  ifq-iirad. 

an    Indian,   to   trade   in   the    Choctaw   an<l   ('hi<:kasaw   country;    nor   to 

authorize  any  person   to  sell   flour,  meat,  fruits  and   other  provisions,  or 

sto(dc,  wagons,  agricultural  implements,  or  arms  brought  from  any  of  the 

Confederate  States  into  \]\e  country;  nor  shall   any  tax  be  levied   upon 

Ruch  articles  or  the  proceotls  of  sale  thereof.     And  all  other  goods,  wares  and     '^■'od.-'.  *c.,  sold 

merchandize  exposed  to  sale  by  a  person  not  qualified,  without  a  license.  J"^aUfird"orfei'tod. 

shall  be  forfeited,  and   be  delivered  and  given   to  the  authorities  of  the 

nation,  as  also  shall  all  wines  and  liquors  illegally  introduced. 

,  irx'-iT      «ii  i  •   i-  1    •       1^-     ■'  i       i  J        "ii    jU        Restrictions   on 

Akitcle  XXV.  All  restrictions  contained  in  any  treaty  made  witli  the  ^j^^  j.j„{j^   ^^  gj.,j 

United  States,  or  created  bv  any  law  or  regulation  of  the  United  States,  and  dispose  of  per- 


SIS  TREATY  WITH  CIIOOTAWS  AND  CHICKASAWS. 

sonal  property,  n  -  iiiion  the   unlimiteil   riLrlit   of  any  ineiiiber   of  the  Choctav/  or  Ciii<  I'i'aw 

woved.  N^'iioii  to  sell  aiiil  disjxise  of,  to  any  person  whatever,  any  ehattei  or  .-iher 

ai'ti'-h'  of  persona!  properly,  are  hereby  rentoved  ;  and  no  such  restric-iions 

ph;i!l  hereafter  he  inij>osed,  except  by  their  own  legishition. 

Pr. rchafe  or      AiiTiri.R  XXV^I.  It  is  iiereby  further  agreed   by  tlie  Confederate  Si »te?, 

0.  sceat  of  Unds.    that  all   the  members  of  the  I  "hot-taw  and  Cliickasaw  Nations,  :;^  htovin- 

befoi'e  defined,  shall  be  lieticeforward  competent  to  take,  liold  and  ])a-«,  by 

purchase  or  descetit,  hinds  in  arjy  of  the  Confederate  States,  lieretofore  or 

iiereafter  acquired  by  them. 

Dcles«te  to  t'.ie      AuiiCLE   XXVIl.' In    Older   to    enable    the    f'ho(-taw    and    Chidcavnv 

y*f-  r„    «r ''/ho  Nations  to  claim  their  riii-htsand  secure  their  interests  witliout  intervpiiiion 

SButalives    ol    tne  i         '^  ,  •  i     i  •  ,     •       , 

C.  S.     How  loiig  or  agents  or  counsel,  and  as  fiiey  are  now  entitled  to  reside  in  the  coutitry 

to  serve.  of  each  other,  they  shall  be  jointly  entitled  to  a  delegate  xo  the  lioni'*'  of 

Representatives  of  the  ('onff<ierate  Spates  of  Anierii'a,  wlio  sliail  serve  for 
the  term  of  two  years,  and  be  a  member,  by  birth  or  blood,  on  either  tlie 
father's  or  mother's  side,  of  one  of  said  nations,  over  twenty-one  yeai»  of 
agre.  and  laboring  under  no  Icc-al  disability  by  the  laws  of  either  nation; 
and  such  delegate  shall  be  eniitled  to  the  same  rights  and  privilegr*  as 
may  be  enjoyed  by  delorrate  from  any  Territoi?  of  the  Confederate  8i»i«8. 
First  election  of  The  i  :  ^t  election  for  delegate  ^hall   be  lield  :kt  such  time  and    ]>U<-f«.  Mid 

delegate.  be  co 'i  Incted  in  su(di  manner  as  shall    be   pi-escribed    by  the  agent  of  the 

Confi  "'erate  Slates,  to  wh.om  returns  of  such  election  shall   he  m;idf.  »iid 

he  shall  declare  the   persc)n   having  the  greatest  number  of  votes  to  te 

duly  elected,  and   give  liitn   a  certificate  of  election  accordingly,  which 

Svibtefiuent eke- shall  entitle  him   to   his  seat.     For   all    subsequent  elections,   the  times, 

'ilctis.  places  ;i)^i]  manner  oi  holding  tlien!,'ascert;iitiing  and  certifying  ihv*  rp»ult 

Delegates  to  be  shall  be  pi'esccibed  bv  law  of  the  Confedeiate  States.     The  delcijates  »'nall 

elected  alternately  j,^,  <.|ec.{ed  alternatefv  f:um  eaidi  nation,  the  first  being,  a  Choct;.*.  by 
biooii,  on  eiilser  tiie  rattier s  or  mothers  side,  ano  resident  m  the  <  hcx-tMv 
c<M]iitry  ;  and  the  second  a  Chickasaw,  by  blood,  on  either  the  f;i!li»r'»  or 
mother's  side,  and  resident  in  the  Clii(dvasp.w  country,  and  so  on  allernnttly. 
Who  digiMe.  At  the  respective  elections,  siudi  persons  only  as  fulfill  the  foregoing  )^*jui- 
sites  shall  be  eligible,  and  when  one  is  elected  to  fill  a  vacancy  »nd  mtvg 
out  an  ui)ex])ired  term,  he  must  belong  to,  and  be  resident  in,  the  >*»ne 
nation  as  the  person  whose  vacancy  he  fills. 
Admission  of  ilie      AuTici.E  XXVIil.  In    consideration    of  the   uniform    loyalty  and   good 

Choctaw  ajKif-ijj],^  .,,„^  (jig  U'\t'(\  friendship  for  the  people  of  the  Confederate  Si»te»,  of 

('hifkasaw country  ..       ^'i       <  j    /  m  •   i  i  i       i-  ^i     •      j-x  i  •.      i- 

into  the  Ccift-dt'-  '"'^  <..  lK>ciaw  atid   Chickasaw  ju-ople,  and  or  tlieir  ntness  and  capscily  lOr 

racy  as  one  of  the  self-government,  proven  liy  th<'  <.'Stablishment  and  successful  maintenance, 
^'^-  by  each,  of  a   reguU'ily  orga.ni^ed    republican   government,  with    ull   the 

forms  and  safe-guards  to  which  the  people  of  tiie  Confederate  State*  are 
accustomed,  it  is  hereby  agreed  by  the  Confederate  States,  that  whenever 
and  SO  soon  as  the  ])eople  of  each  of  said  nations  sitall,  by  ordinrmce  oi'  n 
convention  of  delegates,  duly  elected  by  majorities  of  the  legal  voters,  at 
an  eieciion  regularly  held  after  due  and  ample  i:otice,  in  pursuance  of  an 
act  of  the  I.egislatuie  of  c;u  h,  respectively,  declare  its  desire  to  Itecome  a 
State  of  tlie  Confederacv,  liie  whole  Choctaw  and  Chickasaw  country,  as 
above  defined,  shall  be  received  and  admitted  into  the  (Confederacy  as  ono 
of  the  Confederate  Stales,  on  e<jual  terms,  in  all  lespects,  with  the  original 
States,  without  recfard  to  population  ;  and  all  tlie  members  of  the  Choc- 
tav.' and  Chickasaw  Nations  shall  thereby  become  citizens  of  the  Confederate 
States,  not  including,  however,  among  such  members,  the  individuals  of  the 
r.'oviso.  I'finds  settled  in  the  leased  district  aforesaid.     Piovided,  That,  as  a  condi- 

tion precedent  to  such  admission,  the  said  nations  sliall  provide  for  the 
suivey  of  their  lands,  the  holding  in  severalty  of  parts  thereof  by  tlieir 
people,  the  dedication  of  at  least  one  section  in  every  tliirty-six  to  purposes 
of  education,  and  the  sale  of  such  portions  as  are  not  reserved  for  these, 


TKEATl  WITH  CIIOCTxiWS  AND  CHICKASAWS.  319 

or  otlier  special  piirjioses,  to  citizens  of  the  Confederate  States  alone,  on 
s\.u:h  terms  as  the  said  nation  shall  see  fit  to  fix,  not  intended  or  calculated 
to  prevent  the  sale  thereof. 

Ahticlr  XXIX.  The  ])roceeds  of  such  sales  shall  belona;  entirely  to     Proceeds  of  sal^ 
meniheis  of   the   Choctaw  and   Chickasaw    Nations,   and   he   distrihuted  "^J^^"J^,-J,''  "^^^'H 
ainouu:  them  or  invested  foi'  them  in  proportion  to  the  whole  [(opulation  of  j^^,^  dirui'ljuted. 
each,  in  such  manner  as  the  Le<fis!atures  of  said   nations  shall  provitk'  ; 
nor  siiall  any  other  persons  ever  have  any  interest  in  the  annuities  or  funds 
of  either  the  Choctaw  or  Chickasaw  people,  nor  any  power  to  legislate  in 
regai-;!  thereto. 

Aktici.k  XXX.  Whenever  the  desire  of  the  Creek  and  Seminole  peoj.Ie     Countrj'  of  the 
and  the  Cherokees  to  become  a  part  of  the  said  Slate  shall  be  ex])i('ssed,  in  ^^'f'^"  ""^  ^f'"'- 
thc  same  manner  and  with  the  same  tormalities,  as  is  ahove  provided  '<)r  ^,,1^^^,^  „,j,y  bccomo 
in   the  case  of  the   Choi-taw  and   Chi<'kasaw  pt^ople,  the   country  of  llie  an  iute;2;'al  jart  of 
Creeks  and  Seminoles,  ami  that  of  the  Cherokees.  respectively,  or  eitlier  s-'''*  •^''^*'^- 
by  itself,  may  be  annexed  to  and   become   an   intciji-al   part  of  said  Slate, 
upon    t;;i!  same  conditions  and   terms,  and  with   the  same  rights  to  the 
people  of  ea<'h.  in  resjard  to  citizenship  and  the  proieeds  of  tlieir  lands. 

AKTiruK  XXXT.  The   ('hoctaw  and  v'hickasaw  Nations  may,  hv  juint     Indians  of  otbw 

act  of  their  legislative  authorities,  receive  and  iiu  orpo'-ate  in  either  iintion  n:ii"""<  »n:'y  settle 

1  ,1  e  •    ,  .1  1         •  J  .1  .-111     on  ihi;  lai.ds  of  the 

as  members  thereof,  or  permit  to  settle  and  reside  upon  the  Jiational  lands.  t;|„„,  tawa  and 

such  Indians  of  any  other  nation  or  tribe  as  to  them  may  seem  good  ;  and  Chi.vkiiM.wp. 

each  natiiMi  alone   shall  determine  wlio  are  membcis  find  citizens  of  the  ,^^1^'^  *"  Y''  *'^' 
•,11,  ,       ,     1      .•  11  •  •^-  n        -J  J    Ti     .  elf ctionsnnd  sLare 

nation  entitled  to  vote  at  elections  and  share  in  annuities:  Frmndea.    that  j^  „,n,„„j,i(.g. 

■when  persons  of  another  nation  or  tribe  sli;dl  once  have  been  received  n^     Pruvi.-o. 

members  of  either  nation,  they  shall  not  he  disfiaiudii^-ed  or  subjected  to 

any  olher  restrictions  upon  the  right  of  voting  than  such  as  shall  apjuy  to 

tlie    Clioctaws  or   Chiidcasaws   tliemselves.     Ihit    no    Indians,  other   than 

Choctaws  and    Chicdcasaws,  not  settled   in   the  Clu>ctjtw  and   Chickasaw 

country,  shall  be  periiiitted  to  come  therein  to  reside,  without  the  consent 

and  permission  of  the  legislative  authority  of  eacdi  naiioii. 

Aitricr,K  XXXll.  If  any  citizen  of  the  ('onfederate  States,  or  any  o'lier     Punishment   of 

Frson,  not  hcinjr  iiermitted  to  do  so  by  tiie   authorities  of  either  of  said  r*'rs""*'/"r!-ottiing 
1       S      1    1        1       ,  !•  ■  1  ■      .        ,        1     II      .^.L  ^  X  ,.1     <*'!     their    lands 

nations,  or  authorised  by  the  terms  of  this  treaty,  shall  attempt  to  set tu*  „i|^,„„t  ,^^jl_yri,y_ 

upon  any  lands  of  said  nation,  he  shall  forfeit  the  ]irotec.tion  of  the  C'on- 
federate  States,  and  such  punishment  may  be  inflicted  upon  liim,  not 
being  cruel,  unusual  or  excessive,  as  may  have  been  previously  presciihed 
by  the  law  of  said  nation. 

A»rici.K  XXXIII.  No  citizen  or  inhabitant  of  the  C'onfedeiate  States  Who  not  to  pas- 
shal!  p-,siure  stock  on  the  lands  of  the  Choctaw  or  Chi.kasaw  Naiion  ;  but  J",';^'''"'''  "°  *''^''" 
tlieir  citizens  shall  beat  liberty  at  all  times,  and  whetlier  for  business  or  Liberty  fciven  to 
pleasure,  peaceably  to  travel  the  Choctaw  and  Chickasaw  country,  to  drive  trnvel  in  t,  li  e  i  r 
their  .siO(dc  through  the  same,  and  to  halt  such  reasonable  tiiiie,  on  the  ^"""tr.v.  and  drive 
1  X  •.  ^1     •       1      1  I      1    I        t    ■        •  1  -"tock  through  the 

way,  as  may  be  necessary  to  recruit  their  stock,  such  delay  being  in  good  gj^,m._ 

faith  for  that  purpose  an  1  for  no  other;  and  members  of  the  Choctaw  an<l 
Cliitd<asaw  Nations  shall  have  the  same  rights  and  privileges  under  the 
same  and  no  other  restrictions  and  limitations  in  eacli  of  the  Confederate 
States. 

A?<TICT,E  XXXIV.   If  any  person  hired  or  employed  by  the  agent,  or     Unfit  per.^oni? 
by  any  other  person  whatever,  within  the  agency  reserve,  or  any  post  or  eniployi-.l   with  in 
fort,  shall  violate  the  laws  of  the  nation  in  such   manner  as  to  become  n,."y'be  removed.  * 
an  unfit  person  to  continue  in  the  Choctaw  or  Chickasaw  countr}',  he  or 
she  shall  be  removed  by  tlie  superintendent,  upon  the  application  of  the 
Executive  of  the  nation   in  which   such   person   is,  the  superintendent 
beins  satisfied  of  the  truth  and  sufficiency  of  the  charges  preferred. 

Artici.k  XXXV.  The  officers  and  people  of  the  Choctaw  and  Chick-     Right.",   privi- 
asaw  Nationa,  respectively,  shall,  at  all  times,  have  the  right  of  safe-  '"S^"  ""*^  unmum- 


320  TREATY  WITH  ClIOCTAWS  AND  CHICKASAWS. 

ties  of  the  Choc-  conduct  and   free  passage  through  the   lands  of  each  other ;  and  the 
taws  aud  C'hicka-  jjjguiberg  of  each  nation  shall  have  the  right  freely,  and  without  seeking 
'  license  or  permission,  to  settle  within  the  country  of  the  other,  and 
shall,  thereupon,  be  entitled  to  all  the  rights,  privileges  and  iiumuuitics 
of  members  thereof,  including  the  right  of  voting  at  all  elections  and  of 
being  deemed  qualified   to  hold  all  offices  whatever  ;    except  that  no 
Choctaw  shall  be  eligible  in  the  Chickasaw  Nation  to  the  office  of  Chief 
Proviso.  Kxeoutive  or  to  the  Legislature  :  And  provided,  also,  That  no  member 

of  either  nation  shall  be  entitled  to  participate  in  any  funds  belonging 
to  the  other.  Members  of  each  nation  shall  have  the  right  to  institute 
aud  prosecute  suits  in  the  courts  of  the  other,  under  such  regulations  as 
may,  from  time  to  time,  be  prescribed  by  their  respective  Legislatures. 
Surreu.ler  of  fu-  ARTICLE  XXXVI.  Any  person  duly  charged  with  a  criminal  offence 
f;itivcs  fiotE  jas- against  the  laws  of  either  the  Choctaw  or  Chickasaw  Nation,  and  escap- 
ing into  the  jurisdiction  of  the  other,  shall  be  promptly  surrendered 
up'tu  the  demand  of  the  proper  authority  of  the  nation  within  whose 
jurisdiction  the  offence  shall  be  alleged  to  have  been  committed. 

Article    XXXVH.    The   Choctaw    and    Chickasaw   Nations   shall 

promptly  deliver  up  all  person.s  accused  of  any  crime  against  the  laws  of 

the  Confederate  States,  or  any  State  there  f,  who  may  be  found  within 

their  limits,  on  the  demand  or  requisition  of  the  Executive  of  a  State,  or 

the  Executive  or  other  proper  oflicer  of  the  Confederate  States  ;  and 

each  of  the  Confederate  States  .shall,  on  the  like  demand  or  requisition 

of   the   Executive   of  the   Choctaw   and  Chickasaw    Nation,    promptly 

deliver  up  all   persons  accused   of  any  crime   against   the  laws  of  such 

^  Nation,  who  may  be  found  within  their  limits. 

Choctaw    ii  n  il      ARTICLE  XXXV] IT.    In  order  to  secure   the   due  enforcement  of  so 

Chickasaw    couii- yj^^j^   of   i\^q   }.j^g  ,3^-    ^-^^   Confederate   States    in  regard   to  ciiminal 

try  erected  into  a     „.  j       •    3  •  1       •       /•  •     ■»!  •  1  m       . 

'  judici:il  crcuit.       oiieuces  and  misdemeanors  as  is  or  may  be  in  force  in  the  said  Choctaw 

and    Chickasaw    country,    and   to    prevent  the  Choctaws    and  Chicka- 
saws    from    being   further    harassed     by   judicial    proceedings   had    in 
foreign  courts  and  before  juries  not  of  the  vicinage,  the  said  country  is 
hereby  erected  into  and   constituted   a  judicial  district  of  the  Confede- 
rate States  to  be  called  the   Tush-ca-hom-ma  District,  for  the  special 
District  c o u r t purposes    and  jurisdiction   hereinafter    provided;    and    there    shall   be 
for   such   flistnct,  gj.g.^j-gfl  mj^j  scmi-annuallv  held,  within  such  district,  at  Boggy  Depot,  a 
district  court  of  the   Confederate   States,  with  the   powers  of  a  circuit 
court,  so  far  as  the  same  shall  be  necessary  to  carry  out  the  provisions  of 
p  Jiirisdletion  co- this  treaty,  and  with  jurisdiction  co-extensive  with  the   limits  of  «uch 
exteasire    with  district,  in  such  matters,  civil  and  criminal,  to  such  extent  and  between 
limits  ot  the  dis-  gQ(.]^  parlies  as  may  be  prescribed  by  law,  and  in  conformity  to  the  terms 
of  this  treaty. 
Laws  d'^.clared      ARTICLE  XXXTX.  In  addition  to  SO  much  aud  such  parts  of  the  acts 
to  lie  in  force.        Qf  Congress  of  the  United  States  enacted  to  regulate  trade  and  inter- 
course with  Indian  tribes,  and  to  preserve  peace  on  the  frontiers,  as  have 
been  re-enacted  and  continued  in  force  by  the  (Confederate  States,  and 
as  are  not  inconsistent  with  the  provisions  of  this  treaty,  so  much  of  the 
laws  of  the  Confederate  States,  as  provides  for  the  punishment  of  crimes 
amounting  to  felony  at   common   law  or  by  statute,  against  the   laws, 
authority  or  treaties  of  the  Confederate  States,  and  over  which  the  courts 
of  the  Confederate  States  have  jurisdiction,  including  the  counterfeiting 
the  coin  of  the  United  States  or  of  the  Confederate  States,  or  the  secu- 
rities of  the  Confederate  States,  and  so  much  of  said  laws  as  provides 
for  puni.shing  violators   of  the  neutrality  laws,  and   resistance  to  the 
process  of  the  Confederate  States,  and  all  the  acts  of  the  Provisional 
Congress,  providing  for  the  common  defence  and  welfare,  so  far  as  the 
same  are  not  locally  inapplicable,  shall  hereafter  be  in  force  in  the  Choc- 


TREATY   WITH  CHOCTAWS  AND  CHICKASAWS.  3ai 

taw  and  Chickasaw  country,  and  the  eaid  district  court  shall  have 
exclusive  jurisdiction  to  try,  condemn  and  punish  offender?  against  any 
such  laws,  to  adjudge  and  pronounce  sentence,  and  cause  execution 
thercitf  to  be  done  in  the  same  manner  a3  is  done  in  any  other  district 
courts  of  the  Confederate  States. 

Article  XL.  The  said  di,strict  court  of  the  Confederate  States  of    AdmiraUyjuris- 
America,  for  the  district  of  Tush-ca-liora-ma  shall   alno   have  the  same  <l'<-'t'f'n  '>f  the  dis- 
adniiralty  jurisdiction  as  other  district  courts  of  the  Conlcderaie  States; 
and  jurisdiction  in  all  civil   suits  for  fines,  penalties  and   forfeitures  of 
the  Confederate  States  against  any  person  or  persons  >^hatever  residing 
or  found  within  the  district;  and  in  all   civil   suits  at  law  or  in  equity,     Jurisdiefinn  in 
when  the  matter  in   contniversy  i.s  of  greater  value   than   tivc  hundred  civil  cases, 
dollars,  between  a  citizen  or  citizens  of  any  State  or  States  of  the  Con- 
federate States,  or  any  Territory  of  the  same,  or  an  alien  or  aliens  and  a 
citizen  or  citizens  of  the   said   district,  or   person   or  persons,  ro:siding 
therein;  and  the  Confederate  Statt^s  will,. ])y  suitable  enactments,  pro- 
vide for  the  appaintmont  of  a  Judge  and   othtr  proper  officers  of  the     App'.intmcnt  of 
said  court,  and   make  all  necessary  enactments  and    regulations  I'or  the. i'ldge  and  other 
coinnlete  establishment  and  orcanizatictn  of  the  eame,  and   to  give  full "     .'^^'^  ^^  *^® 
eiiect  to  its  proceedings  and  iuri.><diction. 

Article  X\A.  The  trial  of  all  ofTenccs,  amounting  to  felony  at  com-'  Trial  of  felonies 
nion  law  or  bv  statute,  committed  by  an  Indian  of  any  one  ot  the  tribes  f'V""''**^**, '^7  ^'^^' 

1         .  1*    1     •         11  1      1-     '•    ,        <  •!  •      ,    .1  til  I  n    I  n  <i  1  K  n  g 

cr  hands  settled   in   the   leased   district   aforesaid,  agaIr.^t  the  peivon  ojr  a;;Hinst   (.;b<.<;taiv8 
property  of  a  member  of  the  Choctaw   or  Ciiickasaw  Nation,  or  by  one  <>rChiolt.isKwg,an.l 
of  the  latter  against  the  person  <ir  property  of  one  of  the  i'ormer.  shall  be '""'' •-*'""• 
hud  in  the  district  court  of  the  Confederate  States  hereby  provided  for; 
and,  until  such  court  is  established,  in  the  district  court  of  the  Confede- 
rate States  for  the  district,  or  for  the  western  district  of  Arkansas. 

Aktk'LE  XTjII.  The  district  court  shall  have  no  jurisdiction  to  try  .  The  court  to 
and  punish  any  person  for  any  offence  committed  prior  to  the  day  of  the  ^.''^■*^.  ""  .i'>nsdic- 
fiigning  of  this  treaty;  nor  shall  any  action  in  law  or  equity  be  niain- jjj|"  "'j^'^;,'j,',,' ^^'''|'^ 
tained  therein  except  by  the  Confederate  States  or  one  of  them,  commiiteil.  or  the 
where  the  cause  of  action  shall  have  accrued  more  than  three  years  be- *='»"««♦>*■  I'cilon  ac- 
fore  the  same  day  of  the  signing  hereof,  or  before  the  bringing  of  the  ^'^',"M''^'^|^ '"^^ .'® 

suit.  treat/.' 

Article  XLIII.  All  persons  who  are  members  of  the   Choctaw  or     Choetiuvs  or 
Chickasaw  Nation,  and  are  not  otherwi.«e  disqualified  or  disabled,  shalK''''"'^"'''''*'^    com- 
hereafter  be  competent  witnesses,  in  all  civil  and  criminal  suits  and  p,.o-'^^'^*'"  ^^'''^'''"'"^'•'^ 
ceedings  in  any  court  in  the  Confederate  States,  or  any  one  of  the  States, 
any  law  to  the  contrary  notwithstanding. 

Ahticle  XLIV.  Whenever  any  person,  who   is  n   member  of   the     ^Vbcn    indicted 
Choctaw  or  Chickasaw  Nation,  shall  be  indicted  for  any  offence  in  any  ",'  any  court  of  the 
court  oT   the  Confederate   States,  including    the  district    court  of  the  en  iklcll' to 'process 
Tush-ca-hom-ma  district,  or  in  a  State  court,  he  shall  be  entitled,  as  of  for  wiiiies?«3. 
common  right,  to  subpceua,  and,  if  necessary,  compulsory  process  for  all 
such  witnesses  in  his  behalf  as  his  counsel   may  think  material  for  his 
defence;  and   the   costs  of  process  for  such  witnesses,  and   of  service     Cof-ts  of  process 
thereof,  and  the  fees  and  mileage  of  such  witnesses,  shall  be  paid  by  the  "-"'J  '"^'•'s  }^od  mila- 
Confederate   Stat-es,  being  afterwards   made,  if  practicable,  in   chse   of  "'^'^ "    \Titi!ctse3. 
conviction,  out  of  the  property   of  the   accused.     And   whenever  the     Wli^n   accuse  <^ 
accused  is  not  able  to  employ  counsel,  the  court  shall  assign   him  one  "^''y  ''"    aasigneJ 
experienced  counsel  for  his  defence,  who  shall  be  paid  by  the  Confede- 
rate States  a  reasonable  compensation  for  his  services,  to  be  fixed  by  the 
court,  and  paid  upon  the  certificate  of  the  judge. 

Article  XLV.  The  provisions  of  all  such  nets  of  Congress  of  the     Rendision  of  fu 
Confederate  States  as  may  now  be  in  force  or  as  may  hereafter  be  enacted,  guive  3la.vi.-8. 
for  the  purcose  of  carrving  into  effect  the  provision  of  the  Constitution 

21 


k2  TREATY  WITH  CHOCTAWS  AND  CHICKASAWS. 

in  regard  to  the  re-delivery  or  return  of  fugitive  slaves  or  fugitives  from 
labor  and  service,  shall  extend  to  and   be   in   full  force  within  the  said 
Choctaw  «nd  Chickasaw  Nations;  and  shall  also  apply  to  all  cases  of  escape 
of  fugitive  slaves  from  the  Choctaw  and  Chickasaw  Nations,  into  any 
any  other  Indian  nation,  or  into  one  of  the  Confederate  States,  the  obli- 
gation upon  each  such  tsation  or  State  to  re-deliver  such  slaves  being  in 
every  case  as  complete  as  if  they  had  escaped  from  another  State,  and 
the  mode  of  procedure  the  same. 
•  ^'''*o*°offi'Jit'i      ^i^'J^i^^i'^^  XLVI.  The  official  acts  of  all  judicial  officers  in  the  said 
ar.ts  of  judicial  of-  •i'l'fcioiis  shall  have  the  same  eifect  and  be  entitled  to  like  faith  and  credit 
(Beers.  every«'here,  as  like  acts  of  judicial  officers  of  the  same  grade  and  juris 

Authentication  diction  in  anyone  of  the  Confederate  States;  and  the  proceedings  of 
of  records,  laws,  (-jjg  (.Qm-ta  aud  tribunals  of  the  said  nations,  and  the  copies  of  the  laws 
and  judicial  and  otlier  records-  of  the  said  nations  shall  be  authenticated 
like  similar  proceedings  of  the  courts  of  the  Confederate  States,  and  the 
laws  and  office  records  of  the  same,  and  be  entitled  to  the  like  fiiith  and 
credit. 
Existing    I.itts,      ARTICLE  XLVII.  It  is  hereby  declared  and  agreed  that  the  institu- 

t->i'sTn'rT"\ivd  to  *''*-'^  "^^^'^^^^^^T  ^'^  *^^^ '^^^*^  nations  is  legal  and   has  existed   from  time 

Blavery,  declared  imuaemorial ;  that  slaves  are  taken  and  deemed  to  be  personal  property; 

binding.  that  the  title  to  slaves  and  other  property  having  its  origin  in  the  said 

nations  shall  be  determined  by  the  laws  and  custums  thereof;  and  that 

the  slaves  and  other  personal  property  of  every  person  domiciled  in  said 

nations  shall  pass  and  be  distributed   at  his  or  her  death  in  accordance 

with  the  laws,  usages  and  customs   of  the   said   nations,  which  may  be 

proved  like  foi'eign  laws,  usages  and  customs,  and  shall  everywhere  be 

held  valid  and  binding  within  the  scope  of  their  operation. 

)^ost-offices.  Article   XL\  III.  It  is  further  agreed   that  the  Congress  of  the 

Confederate  States  shall  establish  and  maintain  post-offices  at  the  most 

important  places  in  the  Choctaw  and  Chickasaw  Nations,  and  cause  the 

mails  to  he  regularly  carried,  at  reasonable   intervals,  to  and  from  the 

same,  at  the  sames  rate  of  postage  and   in  the   same  manner  as  in  the 

Confederate  States. 

Choctaws  and      ARTICLE  XLIX.  In  consideration  of  the  common  interests  of  the 

Sh  t^'re^me'nu'o  Choctaw  and  Cluckasaw  Nations  and  the  Confederate  States,  and  of  the 

Bn'-v?  in  the  army  protection  and  rights  guaranteed  to  the  said  nations  by  this  treaty,  the 

of  tjc  C.  S.  said  nations  hereby  agree  that  they  will  raise  and  furnish  a  regiment  of 

ten  companies  of  mounted  men  to  serve  in  the  armies  of  the  Confederate 

States  for  twelve   months.     The  company  officers  of  the   regiment  shall 

be  elected   by  the  members  of  each  company,  respectively,  the   Colonel 

shall  be  appointed   by   the   President,  and  the   Lieutenant  Colonel  and 

Major  be  elected   by  the  members   of  the  regiment.     The  men  shall  be 

r^y  and  allow- armed  by  the  Confederate   States,  receive  the  same  pay  and  allowances 

***'""■  as  other  mounted  troops  in  the  service,  and   not  be  marched  beyond  the 

limits  of  the  Indian  country  west  of  Arkansas  against  their  consent. 

Z^"  w  ^0  pnrt      Articlk  L.  It  is   further  agreed    by  the   Confederate   States,  that 

pr-'sfin't'orain' fu- "^^*'^^^''  ^^^  Choctaw  nor  Chickasaw  Nation  shall  ever  be  called  on  or 

feirt;.  war.  required  to  pay,  in  laud  or  otherwise,  any  part  of  the  expenses  of  the 

present  war,  or  of  any  war  waged  by  or  against  the  Confederate  States. 

Trjop.-   for  the      ARTICLE  LI.  The  Choctaw  and  Chickasaw  Nations  hereby  agree  and 

di'iu  country  and  ^'^^^   themselves  at  any  future   time   to  raise   and  furnish,   upon   the 

frj:)Viprofili'eG.S.  requisition  of  the  President,  such  number  of  troops  for  the  defence  of 

the  Indian  country  and  of  the  frontier  of  the  Confederate  States,  as  he 

may  fix,  not  out  of  fair  proportion  to  the  number  of  their  inhabitants, 

to  be  employed  for  such  terms  of  service  as  the  President  may  fix ;  and 

Pay  and  allow-  such  troops  shall  always  receive  the   same  pay  and  allowances  as  other 

troops  of  the  same  class  in  the  service  of  the  Confederate  States. 


TREATY  WITH  CHOCTAWS  AND  CHICKASAW3.  S23 

Article  LTI.  It  is  further  agreed,  that  after  the  restoration  of  peace,     C-  ^-  .<"  ^'^J'T^ 
the  goverumeiit  of  the  Confederate  States  will  defend  the  frontiers  of  the  i^tn^n^  count  ry  , 
Indian  country  of  which  the  Choctaw  and  Chickasaw  conntry  is  a  pirt,  and  hold  the  for's 
and  hold  the  forts  and  posts  therein  with  native  troops,  re<.'ruited  among  and  posts, 
the  several  Indian  Nations  included,  under  the  commaod  of  officers  of 
the  army  of  the  Confederate  States  in  preference  to  other  troops. 

Artiolk  LIII.  It  is  hereby  ascertained  ami  aiiree<J  by  and  between  Deb^sdue  by  the 
the  Confederate  States  and  the  Cb.yjtaw  Nation,  that  the' United  ^-^^^tea  [[-^^^^^y^^^  C'*''^- 
of  America,  of  which  the  Confederate  States  wem  heretolbre  n  part, 
were,  before  the  separatioa,  indebted,  and  still  continue  to  be  indebted, 
to  the  Choctaw  Nation,  and  bound  to  the  punctual  payment  theicot  in 
the  foHowing  sums  aunually,  on  the  fir.st  day  of  July  of  each  year,  that 
is  to  say  : 

PerpetviAl   annuities  amouBting  to  nine  thousand  dollars  ;  under  the     f  o  r  pc  rpetual 
second  article  of  the  treaty  of  tlie  sixteenth   day  of  November,   A.   D.,  'i»""»f'«sj 
one  thousand  eight  hundred  and  five,  and  the  seeond  article  of  the  treaty 
of  the  twentieth  day  of  January,  A.  D.,  one  thousand   eight  hundred 
and  twenty-tive. 

The  suuj  of  six  hundred  dolWrs  per  annum  for  the  support  of  light  for  ibo  supjiort 
horsemen,  under  th<r  thirteenth  article  of  the  treaty  of  the  eighteenth  °^'''5^ili»rsi"itn; 
day  of  October,  A.  D.,  one  thousand  eight  hundr  d  and  twenty. 

The  sum  of  six  hundred  dollars  per  a'inum  in  liou  of  the  permanent  J^r  tbo  support 
orovis-ion  for  the  support  of  a  blacksmith,  and  the  sum  of  three  hundred  ''^  ,":    ^/'c'^-*™'"'^^'' 

''      ,  f    11  •      !•  f>  .    .  „        .  ,  ,    and  in  li<;u  ol  jno- 

and  twenty  oollars,  in  hen  01  permanent  provision   tor  iron   and   stocl,  vision  for  iron  and 
«nder  the,  sixth  article  of  the  said  treaty  of  the  eighteenth  day  of  October,  steel ; 
A.  D.,  one  thousand  eight  hundred  and  twenty,  and  the  ninth  article  of 
th«  said  treaty  of  the   twentieth  day  of  January,  A.   T>.,  one  thousand 
eight  hundred  and  twenty-five. 

The  annual  interest  on  the  sum  of  five  hundred  thousand  dollars,  hold  for.annnnl  iot^T- 
in  trust  for  the  Choctaw  Nation  by  the  United  States,  under  the  thir- ^^i^j  jn'^trust  '" 
tceuth  article  of  the  treaty  of  the  twenty-second  day  of  June,  A.  !>., 
cue  thousand  eight  hundred  and  fifty-five  ;  which  by  that  article  was  to 
be  held  in  trust  for  the  said  nation,  and  to  constitute  part  of  a  general 
Choctaw  fund,  yielding  an  annual  interest  of  not  less  than  five  per  cent, 
per  annum;  and  no  part  thereof  has  been  invested  in  stocks  or  bonds  of 
any  kind,  but  remains  in  the  hands  of  the  United  States. 

And  it  is  hereby  aseertoined  and  agreed  between  the  said  Confederate  Sam  due  the 
States  and  the  Choetaw  Nation  that  there   was  due  to  the   said  nation,  *^''*  "'=*''''  Nation 

li       ti     J.  J  i>    r    I        *     i\  ii  1      •    1  i    1         11  1      •    i       00  account  of  thefo 

on  the  first  day  ot  July,  A.  D.,  one  thousand  eight  hundred  and  sixty- j^^m,itjf.g     annual 
one,  for,  and  on  account  of  these  annuities,  annual  payments  and  interests,  piyoieuta  and  in- 
the  sum  of  thirty-five  thousand  five  hundred  and  twenty  dollars,  that  is  '■t^^«std. 
to  say : 

For  the  permanent  annuities  and  other  annual  payments  and  allow- 
ances then  due,  ten  thousand  five  hundred  and  twenty  dollars. 

For  interest  on  the  said  sum  of  five  hundred  thousand  dollai"s,  for  tho 
year  which  ended  on  the  thirtieth  day  of  June,  A.  D.,  one  thousand 
eight  hundred  and  sixty-one,  twenty-five  thousand  dollars. 

And  it  not  being  desired  by  the  Confederate  States  that  the  Choctav/     Tho  C.  S.  as- 
Nafcion  should  continue  to  receive  these  annual  sums  from  the  govern- ^^"'® ''''^P*y^*'°.' 
ment  of  the  United  States,  or  otherwise  have  any  further  connection  ort^,)  aD„„jties  an^ 
communication  with  that  government  and  its  superintendent  and  agents  ;  nual  p.iyments  and 
therefore,  the  Confederate  States  of  America  do  hereby  assume  tlte  pay- i^^^-""**^- 
ment  for  the  future  of  all  the  above  recited  annuities,  annual  payments 
and  interest,  and  do  agree  and  bind  thomselves  regularly  and  punctually 
to  pay  the  same  to  the  treasurer  of  the  said   nation,   or  to  such   other 
person  or  persons  as  shall   be   appointed   by  the  general  council  of  the 
Choctaw  Nation  to  receive  the  aame;  and  they  do  also  agree  aad  bind 


324  TREATY  WITH  CtiOCTAWS  AND  CIIICKASAWS. 

themselves  to  pay  to  the  treasurer  of  the  said  nation,  immediately  upon 
the  ratiiicatioii  by  all  parties  of  this   treaty,  the  said  sum  of  thirty-tive 
thou.^Hiid  five  hundred  and  twenty  dollars  due  on  the  first  day  of  July  of 
the  present  year,  as  aforesaid. 
Genera.!  Chc-ctaw      Artici/k  LIV.  And  it  is  further  ascertained  and  agreed,  between  the 

b"°iho''u  t  ''"*'  Coufederate  States  and  the  Choctaw  Nation,  that  the  United  8tates  of 
Anierica,  while  the  said  several  Confederate  States  were  included  in  the 
said  [Jnion.  held,  and  do  continue  to  hold,  in  their  hands  the  sum  of 
five  hundred  thousand  dollars,  paid  by  the  Chickasaw  Nation  to  the 
United  States,  for  the  Choctaw  Nation,  under  the  treaty  of  the  seven- 
teenth day  of  January,  A.  1).,  one  thousand  eight  hundred  and  thirty- 
seven,  and  which  it  was  agreed  by  that  treaty  should  be  invested  in 
some  safe  and  secure  stocks  undtr  the  direction  of  the  government  of 
the  United  States,  redeemable  within  a  })oriod  of  not  less  than  nventy 
years,  and  the  interest  thereon  be  annually  paid  to  the  (Jhoctav/  Nation, 
and  be  subject  to  the  entire  control  of  the  general  council ;  and  which 
sum  having  been  invested  in  bonds  or  stocks  of  certain  States,  part  or 
all  whereof  are  now  members  of  the  Confederate  States,  it  was  agreed 
by  the  United  States,  by  the  thirteenth  article  of  the  treaty  of  the 
twenty-second  day  of  June,  A.  1).,  one  thousand  eight  hundred  and 
fifty-five,  that  the  same  should  continue  to  be  held  in  tiust  by  the  United 
States,  and  constitute  with  certain  other  sums,  a  general  Choctaw  fund, 
yielding  an  annual  interest  of  not  less  than  five  per  cent. 
Otlicr    moneys      And  it  being  further  agreed  that,  in  addition  to  the   sums  of  inonoy 

duo  an  d  owing  jj]j(^,^,g  mentioned,  other  moneys   were  iustly   due  and   owint*'  from   the 

from  tbo   U.     >■>■  '<J  tt    -^    j      o^    ^  /-a  •  i  .^         n       i-    ^         X        o      ■ 

Chuetiiw  Katio:'.     linited    fctates    01    America   when   the   Coniederate   States  were   parts 

thereof,  and  still  continue  due  and  owing  and  unpaid  to  the  said  Clioe- 

taw  Nation,  in  part  apj^ropriatcd  and   in   pait   unappropriated,   by   the 

Congress  of  the  United  States,  under  existing  treaties ; 

TheC.  f'.  aaaumc      Therefore  the  Confederate  States  do  hereby  assume  the  duty  and  obli- 


of 
ly   bonds 

ChocUw     Nation,  etocks  guaranteed  by  either  of  them,  now  held  by  the  government  of  the 
due^oa  \he  "bonds  United  States  in  trust  for  the  Choctaw  Nation,  and  will  pay  over  to  the 
of  the   Boveral^fiid  nation  the  said  interest  and  capital  as  the  same  shall  be  collected. 
Stafo.'*  of  (hlr.  Con- And  the  said  Confederate  States  will  request  the   several   States  of  the 
tnist''l>v  O.il  U  t-"  ^'"ii'cdcracy  whose  bonds  or  stocks,  or  any   bonds  or  stocks  guaranteed 
furthcsai'j  uatioa.  by  them  are  so  held,  to  provide  by  legislation  or  otherwise,  that  tlie  cap- 
ital and  interest  of  such  bonds  or  stocks  shall  not  be  paid  to  the  govern- 
ment of  the  United  States,   but  to  the  government  of  the   Coniederate 
States  in  trust  for  the  Choctaw  Nation. 
Full  payiuent  of      And  the  said  Coniederate  States  do  hereby  guarantee  to  the  Choctaw 
all  d  bts  due   by  Nation,  the  final  settlement  and  full  payment  upon  and  after  the  resto- 
tlielRteU.  .S^tot!i8jj.^j^lQjj  of  peace,  and  the  establishment  and  recognition  of  their  indepen- 
Choctaw      Nation,  ,  /.    i   i         •  i  /.  •   i  i  •  n  •       i  i 

gu;irs,ntoBa  by  the  <ience,  as  01  debts,  in  good  laitk  and  conscience  as   well  as   in    law,  due 

C.  S.  to  th'.' s.aid  and  owing,  on  good  and  valuable  consideration  by  the  said  Confederate 

uation,  nUf^v    '^^^'ji.t^tes,  and  the  other  of  the  United  States,  iointly,  before  the  secession 
r  e  a  t  o  ru  t  K.n    ol     ,,  /•     i       ci  /•     n  ■•  i  o  •  i  •        i 

pBa-io.  '^^  ^^y  f>i  ''•''^  ^tates,  or  ail  sums  ot  money  that  are  so  as  aforesaid  justly 

due  and  owing,  by  the  late  United  States  under  existing  treaties,  to  the 

Choctaw  Nation  or  people,  for  itself,  or  in  trust  for   individuals,  and  of 

any  sums  received  by  that  government  and  now   held   by  it  by   way  of 

,.      f  ]i  1.        interest  on  or  as  part  of  the  capita!  of  any  of  the  bonds  or  stocks  of  any 

or  3tocl(d  of  liny  oi°^  ^^^^  ^'^^^^^^^ '^^"'^'^^*^'°  ^'^y  f'Juds  of  the  <Jboctaws   had   been   invested; 

the   North  o  rn  and  do  also  guarantee  to  it  the  final  settlement  and  full  payment  at  the 

Sutesiu  which  the  same  period,  of  the  capital  and  iuterest  of  all  bonds  or  stocks  of  any  of 


TREATY  WITH  CHOCTAWS  AND  ClIIOKASAWS.  325 

the  Northern  States,  in  which  any  of  the  said  Choctaw  funds  may  have  Cho.-taw    funds 
been  invested.  may  have   been 

Article  LV.  All  the  said  annuities,  annual  payments,  and  interest  and  '"'to'' what  p«r- 
the  arrearages  thereof,  shall  be  applied,  under  the  exclusive  direction  of  poses  tho    anuni- 
the  general  council  of  the  Choctaw  Nation,  to  the  support  of  their  gov-  ''•'■''^■-  =*"<!   other 
ernment,  to  the  purposes  of  education,  and  to  such  other  objects,  for  tJie  *"''^*  ^'*'^*P^''*''^ 
promotion  and  advancement  of  the  improvement,  welfare,  and  happiness 
of  the  Choctaw  people   and  their  descendants,  as  shall  to   the   general 
council  seem  good;  and  the  capital  sums  of  five  hundred  thousand  dol- 
lars each  shall  be  invested  or  re-invested,  after  the  restoration  oi'  peace, 
in   stocks  of  the   States,   at  their   market  price,  and   in   such  as  bear 
the  highest  rate  of  interest,  or  be  paid  over  to  the  Choctaw  Nation,  to 
be  invested  by  its  authorities  or  otherwise  used,  applied  and  appropriated, 
as  its  legislature  may  direct;  apd  the  other  moneys  due  and   owin^  to 
the  said  nation,  and  payment  whereof  is  hereby  guaranteed,   shall  be 
used,  applied  and  appropriated  by  the    Choctaw    Nation    in   accordance 
with  treaty  stipulations,  and    so   as  to   maintain,  unimpaired,  the   good 
faith  of  the  ('hoctaw  Nation  to  those   for   whom   it   will   thus  become 
trustee.     And  no  department  or  othae  of  the  government  of  the  ('onfed-     No  rondition  nr 
erate  States  shall  have  power  to   impose  any   conditions,  limitations   or  f  *''''*^'''°"  *-"   ^^ 
restrictions,  on  the  payment  to  the  said   nation   of  any   of  said   annual  p"J"'e,ft,  °t°  \ll 
sum ^  or  arrearages  of  the  Slid  capital  sum?   of  five   hundred   thousand  Choot^.w  Nation  of 
dollars  each,  or  in  any  wise  to  control  or  direct  the  mode  in  which  such  ■'^"^  °''  ^'^''^  f""^'*- 
moneys,  when  received  by  the  authorities  of  the  nation,  shall  be  disposed 
of  or  expended.     Nor  shall  any  appeal  lie  to  any  department,  bureau  or     No  appeal  to  lie 
officer  of  the  Confederate  States  from  the  decision  of  tho  general  council '"''.'""  '^^  de-ision 
of  the  Choctaw  Nation  or  of  any  committee,  court  or  tribunal  to  which  IrnruYal^oTTh'e 
it  miy  commit  the    adjudication,  by  any  per8on  or  persons   from   any  ChocUw     Nation 
decision  that  may  be  rendered  under  the  twelfth  article  of  the  trcity  .ir>"»''«r  ar^'ole  XI I 
the  twenty-second  day  of  June,  A.  D.,  one  thousand  eight  hundre<I  and  [][,!'^22.Ui^i^J^- 
fifty-fiye,  adver.^e  to  the  justice   and  eriuity  of  any  claim   presented  as  verse  "to  claim's 
one  of  those   which,  under  that  article,  the   (Vnoctaw   Nation    became  P^'^''"''""*^"*  under 
liable  and  bound  to  pay;  but  the  adjudication  and  decision  of  the  Leg- *''''^  ^i^olo. 
islature,  or  of  any  committee,  court,  or  tribunal,  to  which  it  m;iy  entrust     "^ 
the  investigation  or  decision,  against  any  such  claim  shall  be  absolutely 
final. 

Artici.r  LVI.  It  is  hereby  ascertained  and  agreed  bv  and  between  tb.e     Ann  ities   and 
Conf'e  lerate  States  and  the  Chickasaw  Nation,"that  the   United  States  of '"''•'■""'•  ^"^  ^'■'"" 
America,  of  which  the  Confederate  States  were  heretofore  a  part,  were  y^.ti'sawNatio'^ 
be.fore  the  separation,  indebted  and  still   continue  to   be   indebted  to  the 
Chickasaw  Nation,  and  bound  to  the  punctual  pavment  thereof  in  the  fol- 
lowing amounts  annually  on  the  lirst  day  of  July,  in  eacdi   vear,  that  is  to 
say:  Permanent  annuity  of  three  thousand  doihiis,  under  the  act  of  Con- 
gress of  tiie  United  States,  approved  on  the day  of  .\.  1).,  one 

thousand  sevpu  hundred  ami  ninety. 

The  annual  interest,  at  six-  per  cent.,  on  the  sum  of  two  hundred  and 
seventy-six  thousand  seven  hnn.jred  and  eighty-one  dollars  and  fifty-seven 
cents,  the  amount  of  so  much  of  the  United  States  six  per  cent,  loans  in 
which  the  funds  of  the  Chi(d<asaw  Nation  were  invested,  under  the  third 
and  eleventh  arlides  of  the  treaty  <.f  the  24lh  dav  of  Mav,  A.  I).,  one 
thousand  eight  hundred  and  thirty-four. 

An.l  the  annual  interest,  at  six  per  cent.,  on  the  further  sum  of  one 
hundred  thousand  dollars,  the  |)nncipal  of  that  amount  of  Ohio  six  per 
cent,  .sto.'k,  in  w\\'u-h  ]iart  of  the  Cdiitdcasaw  fund  had  been  invested,  under 
the  same  arti<-les  of  the  same  1re:^fies,  and  \vhi(  h  was  pai.l  into  the  treasnrv 
of  the  United  States,  on  the  ninth  day  of  .fanuarv.  A.  D.,  one  thousand 
eight  hundred  and  fifty-seven,  to  tho  credit  of  the  treasurer  of  the  United 


326  TREATY  WITH  CIIOCTAWS  AND  CHICK  AS  A  WS. 

States,  and  having  been  duly  covered   into  the  treasury  on  the  fourteenth 
day  of"  January  in  that  year,  there  still  remains. 

Ati'l  it  is  also  hereby  ascertained  and  agreed,  between  tlie  said  Confed- 
erate States  and   tlie   Chi('kHsa\v  Nation,  that   there  was  due   to  the  said 
nation,  on  the  first  day  of  July,  one  thousand  eight  hundred  and  sixty-one, 
for  and  on  account  of  the  said  annuity  and  interest,  the  sum  of  twenty-five 
thousand  six  hundred  and  six  dollars  and  eighty-nine  cents. 
The  paymcnt_of      /i^^,,^  ^^  ,^Qf  he'mg  desired  by  the  Confederate  States  that  tlie  CliiclcasaAV 
Ter^s"  Rssumtd  by  Nation  should  continue  to  receive  these  annual  sums  from  the  Government 
the  C.  S.  of  the  United  States,  or  otherwise  have  any  communication  or  connection 

with  that  Government,  its  superintendent  and  agents,  therefore,  the  Con- 
federate States  of  America  do  hei'eby  assume  the  payment,  for  tlse  future, 
of  the  above  recited  annuity  and  interest,  and  do  agree  and  bind  themselves 
regularly  and  punctually  to  pay  the   same  to   the   treasurer   of  the  said 
nation,  or  to  sucli  other  person  or  persons  as  shall  be  appointed   by  the 
Legislature  of  the  Chickasaw  Nation   to  receive  the  same ;  and  tliey  do 
also  agree  and  bind  themselves  to  pay  to  the  treasurer  of  the  said  nation, 
immediately  upon  ratification  by  all  parties  of  this  treaty,  the   sum   of 
twenty-five  thousand  six  hundred  and   six  dollars  and   eighty-nine  cents, 
due  on  the  first  da.y  of  July  of  the  present  year,  as  afoiesaid. 
from°'fhr  BaS'"o1-      ^^"Ci.E  LVII.   Whereas,  it  was  agreed  between  the  United  States  and 
la.niis  coded  to  the  ^^16  Chickasaw  Nation,  by  the  third   article  of  the  ti'oaty  made   between 
U.S.  by  the  Cluck- them  on  the  twentieth  day  of  October,  A.  D.,one  thousand  eight  hundred 
asaw  Nation.  j^„j  tliirty-two,  that  as  a  full  compensation  to  the  Chickasaw  Nation  for  the 

country  ceded  to  the  United  States  by  that  treaty,  the  United  States  would 
pay  over  to  the  said  nation  all  the  moneys  aiising  from  the  sales  of  lands 
so  ceded,  after  deducting  therefrom  the  whole  cost  and  expenses  of  sur- 
veying and  selling  the  lands,  including  every  expense  attending  the  same; 
InvestmGut  o  f  And,  whereas,  by  the  eleventh  article  of  the  treaty  of  the  twenty -fourth 
funds  result  in  g^j^    ^,f  ^j       ^_  j^'  ^^^^  thousand  eight  hundred  and  thirty-four,  between 

from    entries    aud    ,  -  .       •''  ,     i       ^  ^  ■   ^  i^t     ■  •  i     i  n    •       i 

Bales  of  laads,  in  "le  United  btates  and  tlie  Cliickasaw  Nation,  it  was  agreed  that  all  funds 
Btocks.  resulting  from  all  entries  and   sales  of  such  lands,  after  deduction  of  the 

expenses  of  surveying  and  selling,  and  other  advances  made  by  the  United 
States,   should,   from   time   to  time,  be  invested   in   .some  secure   stocks, 
redeemable  within  a  period  of  not  more  than   twenty  years,  the  inteiest 
whereon  the  United    States    should   cause   to    be    annually  paid   to  the 
Chickasaws  ; 
Nntional  fund      And,  whereas,  by  the  fifth  article  of  the  treaty  of  the  twenty-second  day 
of  the,  Chickasaws  of  June,  A.  D.,  one  thousand   eight  hundred  and   fifty-two,  it  was  agreed 
t^iie'u.'s.  *'"'^  ''^' between  tlie  United  States  and^he  Chickasaw  Nation,  that  tlie  United 
States  should  continue  to  hold  in  trust  the  national  fund  of  the  Chicka- 
saws, and  constantly  keep  the  sum  invested  in  safe  and  profitable  stocks, 
the  interest  of  which  should  be  annually  paid  to  the  Chickasaw  Nation ; 
Bums   arising      And,  whereas,  it  is  now,  by  the  Confederate  States  and  the  Chickasaw 
from  rbe  sales  of  Nation,  ascertained  and  agreed  that  the  following  sums,  part  of  the  said 
wero   invested N'jv  ^"""^^  ^^"  *^"^'  Chicdcasaws  arising  fiom  the  sales  of  their  lands  weie  invested 
the  U.  S.  in  funds  hy  the  United  States,  while  the  Confederate  States  were  jiart  theicof,  in 
and  .stocks  of  cer-  bonds  and  stocks  of  Certain  of  the  States,  in  mann  r  following,  that  is  to  say  : 
tain  of  the  States.      j„  ^,^g  g^^  j^^j.  ^.g„j_  ^^^^r^  ^^f  ^j^^  g^..^^^  ^^  Indiana,  two  hundied  and  ten 

thousand  dollars; 

In  six  per  cent,  stock  of  the  State  of  Mar\  land,  fourteen  thousan  1  four 
hundred  and  ninety-n  ne  dollars  and  seventy-five  ynts  : 

In  six  per  cent,  stock  of  the  State  of  Teimf'ssce.  <n',e.  liundicd  and 
seventy  thousand  six  hundred  and  sixt\-six  dollais  ;ind  sixty-six  cent.-.; 

In  six  ])er  cent,  stock  of  the  State  of  Ark;(i^sMs,  ninety  thou<a;id  dol- 
lars?, on  which  no  inteiest  has  been  |  aid  since  the  first  day  of  July,  A.  D., 
one  thousand  eight  hiindred  and  forty-tv.o  j 


TREATY  WITH  CHOCTAWS  AND  CHICKASAWS.  337 

In  six  per  cent,  stock  of  the  State  of  Illinois,  seventeen  thousand  dol- 
lars; 

In  six  per  cent.  stO(;k  of  the  Richmond  and  Danville  Railroad,  guaran- 
teed by  the  State  of  Virginia,  one  hundred  thousand  dollars; 

And  in  six  per  cent,  sto'dc  of  the  N'ashville  an<l  Chattanooga  Railroad, 
guaranteed  hy  the  State  of  Tennessee,  five  hundred  and  twelve  thousand 
dollars. 

And  it  being  claimed  b}'  the  Chichasaws  that  all  the  moneys  received      Stating  of  ae- 

by   the  United   States  from   the  sales  of  their   lands,  after  deduction  of  S"""^  •''^'^f"*/'® 

•^  ,.  ,  ,  -.    ,  ,  •  1      1  11  U.    S.    and    the 

proper  disbursements  out  tliereot,  have  not  been  invested,  tliat  they  liave  chukasaws  of  rU 

been  charged  with  losses  and  expenses  which  should  properly  have  been  mouuvs  placed  in 
borne  by  the  United  States,  and  that  in  many  cases  moneys  held  in  trust  V'^  **  Treasury   to 
by  the  United  States  for  the  benefit  of  the  orpiian  and  incompetent  Chick-  chicka?awNatioa 
asaws,  had  been  wrongfully  paid  out  to  persons  having  no  right  to  receive  .and  all   disburse- 
the  same;  in  (-onsequence  of  which  coiii]>laint«,  then  as  now  made,  it  was  '"'"ts  made  there- 
agreed  by  the  fourth  article  of  the  treaty  between  the  same  parties,  of  the 
twenty-second  day  of  June,  A.  I).,  one  thousand  eight  hundred  and  fifty- 
two,  that  an  account  should  be  stated  as  soon   thereafter  as  ))racticable, 
under  the  direction  of  the  Secretary  of  the   Interior,  exhibiting  in  detail 
all  the  moneys  tliat  had,  from  time  to  lime,  been   placed  in  the  Treasury 
to  the  credit  of  the  Chickasaw  Nation,  resulting  from  the  said  treaties  of 
the  years,  one  thousand  eight  hundred  and   thirty-two,  and  one  thousand 
eight  hundred  and  tlurty-four,  and  all  the  disbursements  made  therefiom ; 
and  that  to  the  ac<'onnt  so  stated,  the   Chickasav.s   should   be  enticed  to      Exceptions    tc 
take  exceptions,  which  should  be  referred  to  the  Secretary  of  the  Interior,  account, 
who  should  adjudicate  the  same  accoiding  to  the  T^rinciples  of  law  and 
equity,  and   his  decision  should  be  final ;    and  it  was  also,   l>y   the  same 
article,  agreed  that   the  cases  of  wrongfully   made   payments  should    b« 
investigated  by  the  Congress  of  the  United  States,  under  the  direction  of 
the  Secretary  of  the  Interior,  and  if  any  person   had  been  defrauded  by     The  U.  S.  to  .ao 
such  payments,  the  United  St^Ues  should  account  for  (he  amounts  so  mis- cnunt   for  sums 
applieil,  as  if  no  such  payment  had  Keen  made;  misaprhed. 

Therefore,  the  Confederate  States  do  hereby  assume  the  duty  and  obli-  The  C.  S.  m.. 
gation  or  colieiiting  aiui  pitying  over,  as  trustees,  to  the  said  t  Inckasaw  ^.j^^.^  ^^^  colleotiui? 
Nation,  at  par,  and  dollar  for  dollar,  all  sums  of  money  accruing,  wlietlier  pnving  over  as 
from  interest  or  capital,  of  the  said  bonds  or  stocks  of  the  snid  States  of 'raetees.  to  tho 
the  Confederacy,  or  of  stocks  guaranteed  by  them,  so  held   by  the  (>oy- C''i<^'<'^--='iwN="i<"»; 

•  \,    ,  . c5  ,  ■'  .    ■  !ill  sum?  01  un'inoy 

eminent  of  the  United  States  m  trust  for  the  Chickasaw  Nation,  and   will  ^eld  by  the  U.  H. 
pay  over  to  the  said  nation  the  said  interest  and  capital,  as  the  same  shall  in  trust    for    tho 
be  collected.     And  the  eaid  Confederate  States  shall  request  those  States  ^"'^  "'''■'°"- 
to  provide,  by  legislation  or  otherwise,  that  the  capital  and  interest  of  su(di 
bonds  or  stocks  shall  not  be  paid  to  the  Government  of  the  United  States, 
but  to  the  Government  of  the  Confederate  States,  in  trust  for  the  Chicka- 
saw Nation. 

And  the  said  Confederate  States  do  hereby  guarantee  to  the  sairl  Chick-  Final  settlemowe 
asaw  Nation,  the  final  settlement  and  full  "paymetit,  upon,  and  after  the  ^'|.'*  .J"'j'  sumrof 
restoration  of  peace,  and  the  establishment  of  their  inilependence,  as  of  money  received  by 
debts  of  good  faith  and  conscience,  as  in  law  due  aiul  owing,  on  good  and  tli«  ^^-  ^-  from  tho 

valuable  consideration,  by  the  said  Confederate  States  and  the  other  of  the  ^'"'"'^  "I  ^I'e  Chick- 
TT    •,     ,    o  ••lie  1  •  !•  /•    1        c,  f     ,,  a-<iiw    lands    or 

United  States,  jointly,  bctore  tlie  secession  of  any  or  the  States,  ot  all  otherwise, guaran- 
suras  of  money  received  by  that  (Tovernment  from  the  sales  of  the  (-hick- teed  by  the  C.  S. 
asaw  lands,  or  otherwise,  however,  in  trust  for  the  Chi(;kasaw  Nation, or  ^,'  '.'^"^  Clnckasaw 
individuals  thereof,  and  which  remain  uninvested,  or  which  it  exjieuiled  in  restoration  of 
unvvarranted  <iisbursemeuts,  or  in  the  jja'-mcnt  of  charges  or  expenses  notpeice. 
properly  chargeable  to  the  Chickasaws ;  for  the  ascertainment  whereof  Account  to  bo 
such  account  shall  be  taken,  after  the  restiii'atio  i  of  peace,  by  or  under  *,''*'°".  """^or  •'^« 
the  direction  of  the  Commissioner  of  Indian  Affairs,  as  was  directed  by   '"^''  '""  °         * 


328  TREATY  WITH  CHOCTAWS  AND  CHICKASAW3. 

Commissioctr  of  the  fourth   article  of  the  treaty  o?  the  twenty  seconfl  (h-iy  of  June,  A.  D., 

Indian  Afl.iiis.       one  thousand  eio^ht  hnud  ed  and  fil't.y  two.  asid    in   acford.-iiU'e   with  th 

legal  rules  of  sc-iting  account^  of  trust  ftuids  and  invest Jiients. 

Final  settlement      And  the  Confederate  States  also    iierel)V  guarantee   tc^  the  Chickasav? 

and  full  pHyn"'"t;Xation,  the  final  settlement  and  full   ]):ivn)ent,  at   the   same  period,  of  all 
al.-o  guarantec'l.  I'l  i     i  •  i  ■  i         /-.i  •   i 

inonevs  belon-'iii;;  "i*>n^ys  t'elonrriufj  to  orjiliaiis  or  incomjieteTit  persons,  or  to  otlicr  «  liicka- 

to  orphaiid  or  in-sHws.  and  wrongfully  paid  by  the  Unittd  States  to  persons  i!nautlioriz*.'J  to 
competent persunt;  j.gj.^^iyg  fj,(j„jj>j,(i  for  that  reason,  or  for  any  other  not  yet   paid  to  the 
proper  persons,  under  the  same  fourth  arlieleof  the  treaty  last  mentioned, 
as  qualified  and  limited  Uy  the  ■proviso  added  thereto  l»y    way  of  amend- 
ment, or  under  article  ten  of  the  said  treaty  ;   which  cases  shall  he  investi- 
gated by  the  Commissiuner  of  Indian  Atiairs  or  by   the  ngent  uuiier  liis 
direction; 
also  of  sna?  in-      And  they  also  guarantee  to  it  the  final   settlement  and    full    paviiient, 
vested  in   U.  i?- after  the  same  period,  of  the  said  sums  invested  in    United   States  stocks, 

stocks,  ami  of  any         i  .i  ■  i  r  t         i      j    xi  i      i    n  i    •    i.      ^i 

other  sums  reeeiv- ^'''*'*  ^he  said  sum  or  oiie   hundred   tiiousand  dollars,  so  covered   into  the 

ed  by  that  goyeni- Treasury  on   the  fourteenth   day  of  January,   A.   1>.,  one   thousand   eight 

®i^°''>  hundred  and  fifty-seven;  and  of  any  other  sums  received  by  that  (iovurn- 

)nent,  and  now  held  by  it,  by  way  of  interest  on,  or  as  pait  of  the  ca|>ital 

of  any  of  the  bonds  or  stocks  of  any  of  the  States  wherein  any  fuuiis  of 

the  Cl>ickasaws  had  been  invested  ;  and  they  do  also  guarantee  to  it  the 

and  of  ail  bonds  {],ml  gc'ttlemeut  and  fidl   pa\ineiit,  at  the  svne  ))eriod,  of  the  capital    and 

NorS^Stat'e^.''' '"'*^*''*^'^*  ^'^  '*''  '^^""'^'^  ^'"  Stocks  of  any  of  the  Northevn  States,  in  wliich 
any  of  said  Chickasaw  funds  have  beeii  iuveisted. 
Annuities, inter-  Articlk  LVIIl.  It  is  further  hereby  agreed,  that  the  said  annuity, 
est  and  arrearages  interest  and  arrearages  hereby  assumed  and  agreed  to  be  paid  by  the  C<iii- 
assumed  by  the  C.  federate  Satos,  sliafl  be  applied,  under  the  exclusive  dirwtion  of  the  Le^'- 
S.,  bow    to   l»e  up- .  .  ,.    1       /-I-   1  KT     •  1  r-    1     •     , ,  ^ 

plied.  islature  or  the  Chickasaw  Nation,  to  the  support  of  tlieir  Government,  to 

purposes  of  education,  and  to  such  otlier  objects,  for  the  promotion  and 
advancement  of  the  inipi'ovement,  weifaieand  haiipinessof  the  Chickasav/ 
R  e -inrestment  people  and  their  descendants,  as  shall  to  the  Legislature  seem  good;  and 
of  the  capual  o(  t;he  capital,  in  fulf,  of  all  the  said  bonds  and  stocks  of  States,  corporations, 
8tock8°of    Statos  '^^^'^  ^^'^  principal  of  moneys  due  by  the  United  States  shall  beinveste<l  or 
&c.,  and  the  prin-  re-iiivested,  hfter  the  restoration  of  peace,  in  stocks  of  the  States,  at  their 
cipal  of    moneys  iiiarket  price,  and  in  sucli  as  bear  the  highest  rate  of  interest,  or  be  paid 
due  by  the  U.  S.     ^^^.^^.  ^^  jj^^  Chickasaw  Nation,  to  be  invested   by  its  authorities,  or  other- 
wise   used,    applied,  and   ap])topriated,    as   its    Legislature    may    direct; 
without  any  control  o!-  interference  on  the  part  of  any  department,  bureau, 
or  officer  of  the  Confederate  States. 
When  the  C.  S.      AErncLE  LIX.    It  is   herobv   further  agreed,  that  no   chiiis^  ov   aceounfe 

""^7  .P'^nu'-"'!""^  shall  hereafter  l>e  paid  by  tlie  Government  of  the  Confederate  Slates  out 
out  of  the  Chicka-     .     ,      ,^,  .    ,  J      i  i  i  i     n   i  />         i  •  i         i 

Saw  funds.  <^'  tiie  Chickasaw  fun(fs.  unless  tiie  same  siiali  have   urst   been   considereu 

and  allowed  by  the  Chickasaw  Legislature. 

Boundary   lise      ARriCLE  LX.    Whereas,  by  tlie  first  article  of  the  treaty  between  the 

between  the  Choc- Uj^it,.,!  States  of  America  and  the   Choctaw   and   ChickasaV  Naiions,  on 

tawaudCbictvasaw    ,  i     i  />    i  t      i>  i  i      •    i       i         i       i  i 

country  and  the  tlie  tweuty-second  day  of  June,  A.  J).,  one  tbousand  eight  hundred  and 
Btatc  of  Arkansas,  fifty  five,  it  was  jii'ovided  tliat  the  boundary  of  the  Choctaw  and  Chicka- 
saw coiintrv  should  begin  "at  a  point  on  the  Atkan<as  river,  one  hundred 
paces  east  of  old  Fort  Smith,  where  the  western  boundary  of  the  State  of 
Arkansas  crosses  the  said  river,"  and  inn  thence  "due  south  to  Red  river," 
which  also  was  the  line  of  boundary  fixed  by  the  treaties  of  the  twentieth 
day  of  Jaiuiaiy,  A.  1).,  one  tl  o.:sand  eight  hundred  and  twenty  five,  and 
the  twenty-seventh  day  of  September,  A.  I).,  one  thousand  eight  hundred 
and  thirty;  and,  loJi.ereas,  when  the  said  line  was  originally  run  be'weon 
the  State  of  .Vikansas  and  the  Cluvctaw  Nation  it  was  erroneously  run  to 
the  westward  of  a  due  south  line  from  that  point  of  beginning  on  the 
Aikan.-as  river;     \nd^  loh^^-eas,  when  the  said  line  was  again   run,   by  tha 


TREATY  WITH  CHOCTAWS  AND  CHICKASAWS.  S29 

Uniterl  States,  after  the  making  of  the  said  treaty  of  the  twenty-second 
day  of  June,  A.  IJ.,  one  thousand  ei^ht  hundred  and  fifty -five,  it  was  arbi- 
trarily ord-'red  by  the  Secietary  of  the  Interior,  in  viohition  of  the  said 
tieaties,  that  the  said  line  should  not  be  run  due  sontli,  in  aci-ordance 
therewith,  but  thattlie  oM  erroneous  line  should  in  lieu  thereof  be  retraced, 
and  ihe  same  was  aceordinorly  done,  thus  leaving  within  the  limits  of  the 
State  of  Arkinsa:>  a  strip  of  country  bt^longing  to  the  Choctaw  and  Chick- 
as'uv  Nations,  in  the  sliape  of  a  triang-le  liaving  lied  river  for  its  base  ;  and, 
whereas,  all  the  lands  contained  theiein  tliat  are  of  any  value,  were  sold  or 
granted  by  the  United  Stales,  and  are  chiefly,  held  and  have  been  im- 
provt-d  by  private  individuals ;  it  is  therefore  agreed  by  thcCoiifederate  States 
and  ihe  said  Choctaw  and  Chickasaw  Nations  that  the  said  line  so  run  and 
reti'ace  I  shall  be  perpetuated  as  the  line  between  the  Choctaw  and  ClTudcasaw 
country  and  the  State  of  Arkansas,  and  that  tlie  said  trianomlar  tract  nf 
laad  s'la'i  belong  to,  and  continue  to  form  an  integral  part  of  tint  State; 
an  1  all  titles  to  lands  therein,  from  and  under  the  United  »Ntates,  be  con- 
firme  i  ;  an  I  it  is  further  agreed,  that  in  consideration  therefor,  the  said 
Choctaw  and  Chickasaw  Nations  shall,  upon  the  restoration  of  peace,  and  Tayment.  to  bo 
the  establishiui'nt  and  reco<rnition  of  the  independence  of"  the  C!onfederate  ™'»^'^*'  ^'^  ^^^  Choc- 
tates,  bo  paid  by  them  the  fair  value  ot  the  lands  included  in  said  tract,  in  ^...^j  ^^^  ^^^^  ^j^^jj, 
tljpir  natural  state  and  condition,  and  unimproved,  and  of  all  the  salt  i  mils  iu  the  State 
spriiig>  th-^rein,  at  the  date  of  the  saiil   treaty  of  the  year  of  our   Ln-d,  <)''  Ark;in»;isi,  and 

one  tiioiisand  ei-jht  hundred  and   tifty-five,   and   without  interest;    which'''"    .""'''    ^I^^^S^ 

-  .  t        I  1     11  1  11  •     •  Pi'  therein. 

iHir  actuil  value  sliall  be  ascertameil  by  a  coinnussion  or  tour  persons,  two   xhcv^aluo thereof 

of  who. 11  shall  be  a]ipointod  by  the    President  of  the   Confederate   States,  how  artoertainod. 

one  by  the  Choctaw  Le:^'islature,  and  one   by  the    Chickasaw   Legislature, 

anil  the  expenses  of  which  commission  shall  t)e  borne  by  the  Confetierate 

States. 

.\iiricr.K  LXf.    It  is  firther  agreed,  that  if  the  present    war   continues,     Advancement  by 

the  Confederate  Slates  will,  upoii  the  request  of  the  Kxecutive  of  the  Choc,- *^:'  '^^  .S-   ^"  ^^° 

taw  and  Chickasaw  Nations   respectively,  advance  to  the  Choctaw  Nation" 

the  sum  of  lifry  thousand  dollars,  and  to  the  Chickasaw  Nation  two  thou- 

san  1  dollars,  in  discharge  of  so  mut  h  of  the  moneys  due  to  eatdi   respec- 

tivo'v.  by  t!ie  Uiiite  1  States,  snd  will  invest  each  sum  in  the  nuiv.h.ase  for      Inv-csfmont   of 

1  •■  ,.•      1         i-         I  1  •..•  I     11   I  -e     1  3ums    advanco'l  in 

e.icli  nation  respectively,  ot  such  arms  and  ammunition  as  shall  bespecihed  j^^m^  and  aiumu- 
by  the  Executive.  nition. 

Aiinci.K  LXI[.  All  provisions  of  the  treaties  made  by  tlie  Choctaws  Cortaiu  provis- 
an  1  Chic.ka<aws,  or  either,  with  the  United  States,  umh^r  which  anv  rights  i<'n:'"f  the  treaties 
on>'''viIegJ- wjre  se;'.ure  1  or  guaranteed  to  the  Choctaw  or  Chickasaw"^  the  Choctaws 
Nilioii,  or  to  in  iividuils  of  either,  and  the  ])la'-.'.e  whereof  is  not  supplie.l  with  the  U.S.  con- 
by  any  provision  of  this  treaty,  and  the  same  not  bein/  obsolete  or  no  tinucl  in  force  as 
lonjjer  necevsai'v,  an  1  so  f  ir  a-i  they  are  not  repealed,  annulled,  changed,  |(  "g**^®  "'^'^^  ^^^ 
or  m  )  llli.j  I,  by  sub^eipient  treaties  or  statutes,  or  by  this  treaty,  are  con- 
tinue I  ill  firce  a-!  if  the  s.'ime  hii]  been  made  with  the  Confelerate  States, 

A'trici.K    LXl[[.   It  is  further  agree.!    that   the   sum    of  two   thonsml     $2,000  to  he  paid 
dollars  shall  be  approjiriated  and  paid   by  the  Confederate  States,  imme- ''.v  tha  0.  S..  up  .n 
diately  upon  the  ratification  of  this  treaty,  to  delVay  the  expenses  of  the  jjf^  [^.'^'^^y^''^"  °^ 
delegations  of  CMioctaws  and  (Jhickasaws  by  whom  this  treaty  has  lieen 
negotiated,  and  that  the  saiiie  shall   be. paid  over  to  R.  M.  Jones,  and  by 
him  eipially  divided  among  the  members  of  the  said  deleofation.s. 

Articlr  LXIV.  .\  gon-ral  amnesty  of  all  past  ofleiices  asfainst  the  '^ene'al amnesty 
laws  of  the  Unite  I  Stales  or  of  the  Confederate  State.s.  committed  btd'ore  i^cclarei. 
the  signing  of  this  treatv,  by  anv  mMiiber  of  the  ('ho. -taw  or  (;hi<d<a'!aw 
Natimi,  as  such  menbership  is  define  1  in  this  trea*v,  is  hereby  decl.ired  ; 
and  all  su(di  per>ons,  if  anv,  chargeil  with  anv  siKdi  offence  shall  rec(>ive  f  om 
the  P.esident  fill  an  I  f-ee  p  ii- |(>u,  an  1  if  impii-one  I  or  lieM  to  b  lit,  Iwf  >re 
or  after  conviction,  be  discharged  ;  and   the  Confederate  States  will   esp«- 


330  TREATY  WITH  CHOCTxVWS  AND   CHICKASAWS. 

states  of  Arkan- cially  request  the  States  of  Arkansas  and  Texas  to  giant  the  like  ainnesty 
8a3  and  Texas  to  ^^  ^^  ^^  offences  committed  by  Choctaw  or  Chickasaw  atruinst  the  laws  of 
be    requested    to  .  i     i       , ,  ,•         i  ^     • 

grantlike amDesiy.  those  btates  lespectively,  and  the  (governor  oi  eacli  to  reprieve  or  pardon 

the  same,  if  necessary. 

In  perpetual  testimony  tvliereof,  the  said  Albert  Pike,  as  Commissioner, 
/  . — ' —  J    with  plenary  powers,  on  the  part  of  the  Confederate  States,  doth 
•j  SEAL,  t   now  hereunto  set  his  hand  and  affix  tlie  seal  of  his  arms,  and 
^  — r^-  '    the  undersigned  Commissioners,  with  full  powers  of  the  Choc- 
taw and  Chickasaw  Nations,  do  hereunto  set  their  hands   and  affix  their 
seals. 

Done  in  t)iplicato,  at  the  place  and  upon  the  day,  iu  the  year,  first  afore- 
said. 

ALBERT  PIKE, 
Commissioner  of  the  Confederate  States. 

R.  M.  Jones,  Alfred  Wade,  McKee  King, 

Sampson  Folsora,         Coleman  Cole,  William  King, 

Forbis  Leflore,  James  Riley,  John  P.  Tuinbull, 

Geo.  W.  Harkins,  jr.,  Rufus  Folsom,  William  Bryant. 

Allen  Wright,  William  B.  Pitchlynn, 

Commissioners  of  the  Choctaw.  Nation. 
Edmund  Pickens,         Henry  C.  Colbert,  A.  Alexander, 

Holmes  Colbert,  James  McM.  Lish,  Wilson  Frazier, 

James  Gamble,  Martin  W.  Allen,  C.  Columbus, 

Joe!  Kemp,  John  M.  Johnson,  A"^halatobbe, 

William  Kemp,  Samuel  Colbert,  John  E.  Anderson. 

Winchest-er  Colbert, 

'      Commissioner  of  the  Chickasaw  Nation. 
^  Signed,  sealed  and  copies  exchanged  in  our  presence,  July  12,  1861. 

Win.  Quesenbury,  W.  L.  Pike, 

Secretary  to  the  Co^nW^  Wm.  H.  Faulkner. 

W.  Warren  Johnson, 


Doc.  20,  1861. 


RATIFICATION 


Resolved,  (two-thirds  of  the  Congress  concurring,)  That  the  Congress 
C()n«i^rofTreat"'^  ^^  ^^'*^  Confederate  States  of  America,  do  advise  and^consent  to  the  ratifica- 
wit,h  the  Choctaw  ^'*^'^  ^^  ^^'*^  aiti(^les  of  a  treaty,  made  by  Albert  Pike,  Commissioner  of  the 
and  Chickasaw  Confederate  States  to  the  Indian  nations  west  of  Arkansas,  in  behalf  of  the 
Nations.  Confederate  States,  of  the  one  part,  and  by  the  Choctaw  and  Chickasaw 

Nations  of  Indians,  by  their  respective  Commissioners  thereunto  appointed 
and  elected,  of  the  other  part,  concluded  at  the  North  Fork  Village,  on  the 
north  fork  of  the  Canadian  river,  in  the  Creek  Nation,  on  the  tv/elfth  day 
of  July,  in  the  year  of  our  Lord,  one  thousand  eight  hundred  and  sixty- 
one,  with  the  following 

AMENDMENTS: 

I.  Strikeout  from  article  xxvii.  the  words,  "to  the  same  rights  and 
privileges  as  may  be  enjoyed  by  delegates  from  any  Territory  of  the  Con- 
federate States,"  and  insert  in  lieu  thereof,  the  following  words :  "  to  a  seat 
in  the  Hall  of  the  House  of  Representatives,  to  propose  and  introduce 
measures  for  the  benefit  of  said  nations,  and  to  be  heard  in  regard  thereto, 
and  on  other  questions  in  which  either  of  said  nations  is  particularly 
interested,  with  such  other  rights  and  privileges  as  may  be  determined  by 
the  House  of  Representatives." 


Amendments. 


TREATY  WITH  CHOCTAWS  AND  CHICKASAWS.  3S1 

IT.  Stiike  out  from  article  xxviii.  the  following  words:  "  tl)e  whole 
Choftaw  and  t  hickasaw  country,  as  above  defined,  shall  be  received  and 
admitted  into  the  Confedeiacy  as  one  of  the  Confederate  States,  on  equal 
terms,  in  all  respects,  with  the  original  States,  without  regard  to  popula- 
tion, and — "  and  insert  in  lieu  thereof,  the  following  words:  "the  application 
of  the  said  nations  to  be  admitted  as  a  State  into  the  Confederacy,  on  equal 
terms,  in  all  repects,  with  the  original  States,  shall  be  referred  to  and  con- 
sidered by  the  Congress  of  the  Confederate  States,  by  whose  act  alone, 
under  the  Constitution,  new-  States  can  be  admitted,  and  whose  consent  it 
is  not  in  the  power  of  the  President  of  the  present  Congress  to  guarantee 
in  advance,  and,  if  the  Congress  shall  assent  to  such  admission,  the  whole 
Choctaw  and  Chickasaw  country,  as  above  herein  defined,  shall  constitute 
the  State  so  admitted,  and  in  case  of  such  admission." 

III.  Strike  out  from  article  xliii.  the  following  words:  "or  of  any  one 
of  the  States,"  and  add  at  the  end  of  this  article  the  following  words: 
"and  the  Confederate  States  will  request  the  several  States  of  the  Con- 
federacy to  adopt  and  enact  the  provisions  of  this  article,  in  respect  to 
suits  and  proceedings  in  their  several  courts." 

IV.  Strikeout  from  article  xliv.  the  following  words:  "  or  in  a  State 
court,"  and  insert  in  lieu  thereof,  the  following  words :  "or  in  a  SU.lo 
court  subject  to  the  laws  of  the  State." 

V.  Sttikij  out  from  the  fourth  paragraph  of  article  Ivii.,  i:!  the  phrrra 
"  two  lniii<lred  and  ten  thousand  dollars,"  the  word  "  to?,"  c/oJ  insor!- la 
lieu  thereof,  the  word  "/wo." 

Note. — The  foregoing;;  treaty,  together  with  the  amendments,  was  duly  rntiScii  bytio 
Choctiivf  iind  Chickasaw  Natiyns,  respcc'lively. 


TREATY  WITH  THE  SEMINOLE  NxlTIOK 


AUGUST  1ST,  18G1. 


A  TREATY  OF  FRIENDSHIP, 


Aug.  1,  1861. 


Made  and  concluded  ot  the  Seminole  Crjunril  House  in  the  Seminole 
Nation,  west  of  Arkansas,  on  the  first  day  of  Awfiist,  in  tlie  year  of  our 
Lord,  one  t]iousand.  eirjht  hundred  a n(f  sixty-one,  between  the  Confederate 
States  of  America.,  hy  Albert  Pike,  Commissioner,  with  pleiiary  powers, 
of  the  Confederate  States,  of  the  one  part,  and  the  Seminole  Nation 
of  Red  men,  by  its  Chiefs,  head  men  and  warriors,  in  General  Council 
assembled,  of  the  other  part : 


Preamile. 


Perpatual  peace 
and  friendship. 


The  Seminole 
Katioa  acknow- 
ledges itself  to  be 
iindor  the  protec- 
tioa  of  the  C.  S. 

Proviso. 


The  C.  S.  as- 
suinc  tho  V"''^'tcc- 
torate  of  said  na- 
tion. 


The  Congress  of  the  Confederate  States  of  America,  having,  by  "An 
act  for  the  protection  of  certain  Indian  tribes,"  approved  the  twenty- 
first  day  of  3Iay,  in  the  year  of  our  Lord,  one  thousand  eight  hundred 
and  sixty-one,  offered  to  assume  and  accept  the  protectorate  of  the 
several  nations  and  tribes  of  Indians  occupying  the  country  west  of 
Arkansas  and  Missouri,  and  to  recognize  them  as  their  wards,  subject  to 
all  the  rights,  privileges  and  immunities,  titles  and  guarantees  with 
each  of  the  said  nations  and  tribes  under  treaties  made  with  them  by  the 
United  St<tesof  America;  and  the  Seminole  Nation  of  Red  men  having 
assented  thereto  upon  certain  terms  and  conditions  ; 

Now,  therefore,  the  said  Confederate  States  of  America,  by  Albert 
Pike,  their  Commissioner,  appointed  by  the  President,  under  authority 
of  the  act  of  Congress  in  their  behalf,  with  plenary  powers  for  these 
purposes,  and  the  Seminole  Nation,  in  General  Council  assembled,  have 
agreed  to  the  following  articles,  thut  is  to  say  : 

Article  I.  There  shall  be  perpetual  peace  and  friendship  between 
the  (Jonfederate  States  of  America  and  all  of  their  States  and  people  and 
the  Seminole  Nation  of  Red  men  and  all  its  towns  and  individuals. 

Article  II.  The  Seminole  Nation  of  Red  men  acknowledges  itself 
to  be  under  the  protection  of  the  Confederate  States  of  America,  and  of 
no  other  power  or  sovereign  Avhatever,  and  doth  hereby  stipulate  and 
agree  with  them  that  it  will  not  hereafter,  nor  shall  any  of  its  tor/ns  or 
individuals,  contract  any  .aUiance,  or  enter  into  any  compact,  treaty  or 
agreement  with  any  individual  State,  or  with  a  foreign  power  :  Provided, 
That  it  may  make  such  compacts  and  jigreements  with  neighboring 
nations  and  tribes  of  Indians,  for  their  mutual  welfare  and  the  pT-evention 
of  difficulties  as  may  not  be  contrary  to  this  treaty  or  inconsistant  with 
its  obligations  to  the  Confederate  States;  and  the  said  Conlederate 
States  do  hereby  assume  and  accept  the  said  protectorate,  and  recognize 
the  said  Seminole  Nation  as  their  ward;  and  by  the  consent  of  the  said 
Seminole  Nation  now  here  freely   given,  the   country  wlicreotit  is  pro- 


TREATS  WITH  THE  SEMINOLE  NATION.  333 

priettr  in  fee,  as  the  same  is  hereinafter  defined,  is  annexed  to  the  Cot-  The  Semino'e 
federate  Statea,  in  the  same  manner  and  to  the  same  extent  as  if  it  whs  <^''^'"'''y  -inncxed 
annexed  to  the  United  Stetes  of  America  before  that  Government  was 
dissolved,  with  such  modifications,  however,  of  the  terms  of  annexation, 
and  upon  such  conditions  as  are  hereinafter  expressed,  in  addition  to  all 
the  rijxhts,  privileges,  immunities,  titles  and  guarantees  with  or  in  favor 
of  the  said  nation,  under  treaties  made  with  it,  and  under  statutes  of 
the  United  States  of  America. 

AiiTJCLK  III.  The  following  shall  constitute  and  remain  theboundrics  Bovndancs. 
of  the  Seminole  country,  viz:  beginning  on  the  Canadian  river,  a  few 
miles  east  of  the  ninety-seventh  parallel  of  west  longitude  where  Ok- 
hai-ap-po  or  Pond  creek  empties  into  the  same:  thence  due  north  to  the 
north  fork  of  the  Canadian  ;  thence  up  the  said  north  fork  of  the  Cana- 
dian to  the  southern  line  of  the  ("herokee  country;  thence  with  that 
line,  west,  to  the  one  hundredth  parallel  of  west  longitude,  thence  south 
along  said  parallel  of  longitude  to  the  Canadian  river  j  and  thence  down 
and  with  that  river  t^  the  place  of  beginning. 

AuTiCLF.  IV.    The  Seminole  Nation   hereby   gives   its  full,   free  and  ,  Aepcnt  of  the 
unquniiiied    as.sent    to     those    provisions   ot    the    act   oi    (congress    oi  to  thft  a-t  of  Mrv 
the    Confederate     States   of    America,    entitled     "An    act     for     tii0  2l,  I8f.l,  for  (h«i 
protection  of  certain   Indian  tribes,"  approved   the   twenty-first   day  of P'"»*'""'*"°  tif  eer- 
May,  in  the  year  of  our  Lord,  one  thousand  eight   hundred  and  sixty-  *'"  -o  i . 
one,  whereby  it  was  declared  that  all  the  reversionary  and  other  interest, 
right,  title  and  propriet(n\-;hip  of  the  United  States   in,  unto   and   over 
the  Indian  country  in  which  that  of  the  said  nation  is  included,  should 
pass  to  and  vest  in  the  Confederate  States;    and  whereby  the  President 
of  the  Confederate  States  was  authorized  to  take  military  possession  of 
all  said  country ;  and  whereby  all  the  laws  of  the   United   States,  with 
the  exception   thereinafter   made,   applicable  to,  and   in   force   in   said 
cotiutry,  and  not  inconsistent  with  the  letter  or  spirit  of  any  treaty  stip- 
ulations entered    into  with   the   Seminole  Nation,   among  others  wer« 
re-enacted,   continued    in    force,  and  declared   to   be  in   force  in  said 
country,  as  laws  and  statutes  of  the  said  Confederate  States  :  Prooklei],     Prpvieo. 
hnvrvcr,  And  it  is  hereby  agreed  between  the  said  parties  that  whatever 
in  the  said  laws  of  the  United  States  contained,  is  or  may   be   contrary 
to  or  inconsistent  with  any  article  or  provision  of  this  treaty,  is  to  be  of 
none   effect   henceforward,   and   shall,  upon   the   ratification   hereof,  be 
deemed  and  taken  to  have  been  repealed  and  annulled  as  of  the  present 
date,  and  this  assent  thus  qualified  and  conditioned,  shall  relate  to,  and 
be  taken  to  have  been  given  upon  the  said   day  of  the  approval  of  the 
.  said  act  of  Congress. 

.  Artici'.e  V.    The  Confederate  States  of  America  do  hereby  solemnly     Gufvrantoe  of 
guarantee  to  the  Semin()le  Nation,  to  be  held  by  it  to  its   own   use  aiid^j^^^^^  >;atio'n"in- 
behoof  in  fee  simple  forever,  the  lands  included  within    the  boundries  .•iud>'d  -within  th«« 
defined  in  the  preceding  article  of  this  treaty;  to  bo  held  by  the  people  b>"-'£»<»'^"*"5  «l«^fi'^<d 
of  the  said  nation  in  common,  as  they  have  heretofore  be^n  held  so  long  as 
grass  shall  grow  and  water  run,  if  the  said  nation  shall  so   please,  but 
with  power  of  making  partition  thereof  and  disposition  of  the  same  by     Fo-wcTto^ipos--^ 
laws  of  the  nation  duly  enacted;  by   which   partition  or  sale,  title  in  *'"-^  °|j^>!,''^'.oa,*iVi  o'n 
simple  absolute  sliaii  vest  in  parceners  and   purchasers  whenever  it  shall  thereof", 
please  the  nation  of  its  own  free  will  and  accord  and  wiihout  solicitation 
from  any  quarter  to  do  .so;    which    solicitation   the   Confederate  Statoi 
liereby  solonitdy  agree   never  to  u?e ;  and   the   title  and   tenure   hereby 
guaranteed  (o  the  said  nation  is  and  shall  be  subject  to  no  other  condi- 
tions, reservations  or  restrictions  whatever,  than  such  as  are  hereinafter 
spec! all}'  expres-sed. 


334  TREATY  WITH  THE  SEMINOLE  NATION. 

Lands  nnt  to  bs  ARTICLE  VL  Nor.e  of  the  said  lands  hereby  guaranteed  to  the  Seminole 
disposed  of  to  auy  JSTation  shall  ba  sold,  ceded,  or  otherwise  disposed  of  to  any  foreign  power, 
s'tate°'or  ^GoTem- *^'' ^^  '"^".^  Slnte  or  government  whatever;  and  in  case  any  such  sale, 
meat.  cession  or  disposition  should  be  made  without  the  consent  of  the  Confede- 

rate States,  all  the  said  lands  shall  thereupon   revert  to  the  Confederate 
States. 
Country   cedcil      ARTICLE  VII.  It  is  further  heieby  agreed  and   stipulated,  that  no  part 
to  the  Sominoleof  the  tract  of  country  hereinbefore  guaranteed  to  the  Seminole  Nation, 

Seaty"  ofA^ug!'^?!^^^'^?^^'^  ^^'"'^  ^^'''^^  ""^'^^  ^^'^"^^^^^  ^^  ^^ ^'J  ^^^^  treaty  of  the  seventh  day  of 
1856,  not  to  be  August,  A.  1),  one  thousand  eight  hundred  and  fifty-six,  between  the 
disposed  of  without  United  States  of  America  and  the  Creek  and  Seminole  Nations  of  Indians, 
t'Te  "  cTJck"'".a  n  d  ^^\^'^  ^''?'"  ^^  ^^^^  ^'^  Otherwise  disposed  of  without  the  consent  of  both  of 
Seminole"  Nations.  sJiid  nat'ons  being  legally  given. 

No  State  or  Ter-  ARTICLE  VIII.  The  Confederate  States  of  America  do  hereby  solemnly 
ntory  to  pass  laws,,^j.gg  ^^^i^  jl^jj^^-j  themselves,  that  no  State  or  Territory  shall  ever  pass  laws 

for    tbe    Govern- ^-^    .i       ri  f     i       r.        •      i     -kt     ■  ■.      i'  •  f    i 

ment  of  the  Somi- ^or  the  (jrovernment  ot  the  Seminole  Nation  5  and  that  no  portion  of  the 

no!e  Nation.  country  hereby  guaranteed  to  it  shall  ever  be  embraced  or  included  within 

Seminoles  notto  or  annexed  to  any  Territory  or  Province  ;    nor  shall  any  attempt  ever  be 

be  incyrporated,^,^^}g  except  upon  the  free,  voluntary  and  unsolicited  application  of  the 

into  any  other  ter-      -j        ,•      ^  ^     ^        ,    ,1  •%  ,•'■,■       ,^  .  ,      "'^         , 

ritorial  or  political  ^^^^  nation,  to  erect  the  said  country,   by  itself  oi"  with  any  other,  into  a 

organization.         State,  or  any  other  territorial  or  political  organization,  or  to  incoi'porate  it 

into  any  State  previously  created. 

.  Yx^'r  ^',^'*'"*'^^  Articlk  IX.  So  for  as  may  be  compatible  with  the  Constitution  of  the 
ri»nt   of  self-gov- ^      /■  j        1     oi.   x  i       vi    ^i      1  i  n  1      ,     i    • 

ernment  and  full  Confederate  States,  and  with  the  laws  made,  enacted  or  adopted  m   con- 

jurisliotion  overformity  thereto,  regulating  trade  and  intercourse  with  the  Inrlian  tribes,  as 
persons  and  prop-  the  same  are  limited  and  modiiied   by  this  treaty,  the   Seminole  Nation 
ei  7,  guaran  eo  .   gj^j^jj  possess  the  Otherwise  unrestricted  right  of  self-government,  and  full 
jurisdiction,  judicial  and   otherwise,  over  persons  and  propei'ly  within  its 
Exception.         limits,  excepting  only  such  white  persons  as  are  not,  by   birth,  adoption 
or  otherwise,  members  of  either  the  Seminole  or  Creek  Nation;  snd  that 
Mombersbip  de-  there  may  be  no  doubt  as  to  the  meaning  of  tliis  exception,  it  is   liereby 
'^^  '  declared  that  every  white  person  who,  liaving  married   a   Seminole  or 

Creek  woman,  resides  in  the  said  Seminole  country,  or  who,  ^vithout  inter- 
marrying, is  permanently  domiciled  therein  with  tbe  consent  of  the 
authorities  of  the  nation,  and  votes  at  elections,  is  to  be  deemeil  and 
taken  as  a  member  of  the  said  nation,  within  the  true  intent  and  meaning  of 
Pumshiiient  of  this  article ;  and  tliat  the  exception  contained  in  the  laws  for  the  punish- 

0II0QC6S  rt  » 

ment  of  oflences  committed  in  the  Indian  country,  to  the  effect  that  they 
shall  not  extend  or  apply  to  offences  committed  by  one  Indian  against  the 
person  and  property  of  another  Indian  shall  be  so  extended  and  enlarged 
by  virtue  of  this  article  when  ratified,  and  without  further  legislation,  as 
that  none  of  said  laws  shall  extend  or  apply  to  any  olfeuee  committed  by 
any  Indian,  or  negro,  or  mulatto,  or  by  any  such  white  person,  so  by  birth, 
adoption,  or  otherwise,  a  member  of  the  Seminole  or  Creek  Nation  against 
the  person  or  property  of  any  Indian,  negro,  or  mulatto,  or  any  such  white 
person,  when  the  same  shall  be  committed  within  the  limits  of  the  said 
Seminole  Nation  as  hereinbefore  defined ;  but  all  such  persons  sliall  be 
subject  to  the  lav/s  of  the  Seminole  Nation,  and  to  prosecution  and  trial 
before  its  tribunals,  and  to  punishment  according  to  such  laws  in  all 
respects  like  native  members  of  the  said  Nation. 
k  ^".''""'^^^^  ,*°.^®  Ap.tiole  X.  All  persons  who  are  not  members  of  either  the  Seminolo 
country!"  '^  ^  or  Creek  Nation  found  in  the  Seminole  country  as  hereinbefore  limited, 
shall  be  considered  as  intruders,  and  be  removed  and  kept  out  of  the  same, 
either  by  the  civil  officers  of  the  nation  under  the  direction  of  the  Execu- 
tive, or  the  General  Council,  or  by  the  agent  of  the  Confederate  States  for 
the  nation,  who  shall  be  authorized  to  demand,  if  neoe?sary,  the  aid  of  tho 
Excertiocs.        military  for  that  purpose ;    with  the  following  exceptions  only,  that  is  to. 


TREATY  WITH  THE  SEMINOLE  NATION.  S35 

say:  such  indivitluals  with  their  families  as  may  ])e  in  tlie  employment  of 
the  Grovernment  of  the  Confederate  States;  all  persons  peaceably  travel- 
ling, or  temporarily  sojourniuo-  in  the  country,  or  trading-  therein  under 
license  from  the  proper  authority;  and  such  persons  as  may  be  permitted 
by  the  Seminoles  or  Creeks  with  the  assent  of  the  agent  of  the  Confede- 
rate States  to  reside  within  their  respective  limits  without  becoming  mem- 
bers of  either  of  said  tribes. 

AiiTrci.K  XL  A  tract  of  two  sections  of  land,  to  be  laid  off  under  the     Reservation   of 
direction   of  the  President  of  the  Confederate  States,  and  to  include  the^'^^'^s    for  Indiaa 
site  of  the  present  Seminole  agency,  whereon  the  public  buildings  of  that*^**""^" 
agency  have  been  eiected,  is  hereby  reserved  to  the  Confederate  States 
and  not  included  in  the  guarantee  of  lands  aforesaid,  but  shall  be  within 
the  sole  and  exclusivi^  jurisdiction  of  the  Confederate  States,  except  as  to 
members  of  the  Seminole  or  Creek  Nation  as  above  defined,  all   offences 
committed  by  whom  thereon  shall  be  punished  by  the  laws  and  courts  of 
the  Seminole  Nation   whenever  they  would  be  so  punished  if  committed 
elsewhere  in  the  nation  :  Provided,  That  whenever  tlie  agency  for  the  said.     Proviso. 
nation  shall  bo  discontinued  by  the  Confederate  States,  and  an  agent  no 
longer  appointed,  the  said  tract  of  two  sections  of  land  eliall.  pass  to  and 
vest  absolutely  in  the  Seminole  Nation  in  the  same   manner  as  its  other 
lands  with  all  the  buildings  tliat  may  be  thereupon. 

AiiTicLR  XII.    The  Confederate  States  shall  have  the  right  to  build,      Reservation  of 

establish  and  maintain  sTudi  forts  and  military-  posts,  temporary  or  perma-'^"^-^  f'""  forts, 

nent,  and  to  make  and  maintain  such  military  and  post-roads  as  the  Presi- °^  Z'^'^-'' P""'®  ^"^^ 
1      X  1  •       »      o.       •      1         •  ^  1     1  ■  ,post-roaas. 

dent  may  deem  necess.ary  m  tlvi  Seminole  country ;  and  the  quantity  ot 
one  mile  square  of  land,  inclu<ling  each  fort  or  post,  shall  be  reserved  to 
the  Confederate  States,  and  within  their  sole  and  exclusive  jurisdiction,  so 
long  as  sucli  fort  or  post  is  occupied  ;  but  no  greater  quantity  of  land 
beyond  one  mile  square  shall  be  used  or  occupied,  nor  any  greater  quantity 
of  timber  felled  than  of  each  is  actually  requisite;  and  if  in  the  estab- 
lisliment  of  such  fort,  post  or  road,  or  of  the  agency,  the  property  of  any 
individual  member  of  the  Seminole  Nation,  or  any  property  of  the  nation 
itself,  other  than  land,  timber,  stone  and  earth,  be  taken,  destroyed  or 
injured,  just  and  adequate  compensation  shall  be  made  by  tke  Confederate 
States. 

Article  Xni.    The  Confederate  States,  or  any  company  incorporated     Right  of  way  fcvr 
by  them,  or  any  one  of  them,  shall  have  the  right  of  way  for  railroads  or '"•'^''^■"^'^.^  ^^  *-^®- 
telegraph  lines  through   the  Seminole  country ;    but  in   the   case  of  any  ^^^'^     "^°^' 
incorporated  company,  it  shall  have  such  right  of  way   only   upon   such 
terms  and  payment  of  such  amount  to  the  Seminole  Nation   as  may  be 
agreed  upon  between  it  and  the  National  Council   thereof;    or,  in  case  of 
disagreement,  by  making  full  compensation,  not  only  to  individual  parties 
injured,  but  also  to  th.r^.  nation  for  the  right  of  way  ;  alt  damage  and  injury 
done  to  be  ascertained  and  determined  in  such  manner  as  the  President  of 
the  Confederate  States  shall  direct.     And   the  right  of  way  granted   by 
said  nation  for  any  railroad,  shall  be  perpetual,  or  for  such  shorter  term  aa 
the  same  may  be  granted,  in  the  same  manner  as  if  no  reversion  of  their 
lands  to  the  Confederate  States  were  provided  for,  in  case  of  abandonment 
by  them,  or  of  extinction  of  their  tribe. 

Article  XIV.  No  pcr.son  shall  settle,  farm  or  raise  stock  within  the  Settiinc;  farm- 
limits  of  any  post  or  fort,  or  of  the  ag^icy,  except  such  as  are  or  maying,  or  raising 
be  in  the  employment  of  the  Confederate  States,  in  some  civil  or  mili-^'^?'^'^  ^^1^'°  ^^'^- 
tary  capacity;  or  such  as  being  subject  to  the  jurisdiction  and  laws  of  jfjl^",^^"^^  ^'  ^^^' 
the  Seminole  Nation  are  permitted  by  the  commanding  officer  of  the  post 
or  fort,  or  by  the  agent  to  do  so  upon  the  reserve. 

Article  XV.    The  Confederate  States  shall  protect  the  Seminoles    Protection  from 
from  domestic  strife,  from  hostile  invasion,  and  from  aggression  by  other 'J'^^ostic  strife 


33G  TREATY  WITH  THE  SEMINOLE  NATION. 

hostile  invasion  wr  Indians  and  white  persons,  not  subject  to  the  jurisdiction   and   laws  of 
aggfiiSMoa.  the  Seminole  Nation  ;  and  from  all  inquiries  resulting  from  such  inva- 

sion or  aggression,  full  indemnity  is  hereby  guaranteed  to  the  party  or 
parties  injured  out  of  the  Treasury  of  the  Confederate  States  upon  the 
same  principle,  and  according  to  the  same  rules  upon  which  white  per- 
sons are  entitled  to  iademuity  for  injurlesor  aggressions  committed  upon 
them  by  Indians. 
Licenise  to  tr.vle      ARTicr.E  XVI.     No  person  shall  hereafter  be  licensed  to  trade  with 
with  tiiB  Tudian.^.   ^}jg  Seminoles,  except  by  the  agent,  and  with  the  advice  and   consent  of 
the  National  Council,  which  advice  and  consent,  however,  shall  not  be 
necessary,  in  the  case  of  traders  now   trading  under   license,   until  the 
expiration   of   the    year  tme   thousand   eight   hundred    and    sixty-two. 
Tr&'Jer  to  esc-  Every  licensed  trader  shall  execute   bond   to   the  Confederate  States  in 
cuto  'lund.  such  form  and  manner  as  was  required  by  the  United  States,  or  as  may 

No  appeal  from  ]jg  required  by  the  Bureau  of  Indiau  Affairs;  and  no  appeal  shall  here- 
lic'ense"  "^^  """^"^^It^r  lie  to  any  officer  whatever,  from  the  decision  of  the  agent  refusing 
license  to  any  applicant. 
Licensed  tridera  ARTICLE  XVII.  All  persons  licensed  by  the  Confederate  States  to 
to  pay  annual  c..;ii  trade  with  the  Seminoles  shall  be  required  to  pay  to  the  authorities  of 
peRsation  lor  sn.  ^j^^  Semiuole  Nation  a  moderate  annual  compensation  for  the  laud  and 
an  1    titaber    used    .  i  i        i  i  n  i  .         .  , 

iy  them.  timber  used  by  tliem,  the  amount  or  sucli  compensation  in  each  case  to 

be    assessed    by    the    proper  authorities  of  the   said    Seminole   Nation, 

subject  to  the  approval  of  the  Confederate  States  agent  therefor. 

No  licanae  to  be      ARTICLE    XVItl.      It   is  further    hereby    agreed,   that   no     license 

granted  to  'i";i'\<-'«"  ^hall  hereafter  be  granted  to  any  tradel"  who  is  in  arrearon  account  of  any 

.„,         .^    '    amount  legally  assessed  to  be  paid  by  him  as  compensation  for   land  and 

may  ba  revoked,     tii^ber  used,  and  that  any  license  hereafter  granted  shall  be  revoked  on 

failure  or  refusal  to  pay,  in  due  time,  the  amount  that  may  be  therefore 

How  long  trader  legally  assessed  in  any  years.     And  when  a  renewal  of  license  is  refused 

to  whom  rjriew;tigjjy.  trader,  he  shall  nevertheless  be  entitled,  if  he  be  not  a  dangerovis  or 

or  ii''CD3c  Cub  iiggti  .  ■  ,  ^ 

refu-o'i,  to  reraa  u  i'l^P^P^^  person,  to  remain   in   the  Seminole  country  such  reasonable 
in  the  coiiiitry.       length  of  time  as  may,  in  the  opinion  of  the  agent,  be  necessary  for  the 
purpose  of  collecting  such  debts  as  may  be  due  him,  being  during  such 
lime  under  the    protection  of  the   laws  of  tlie  Confederate   States,  as  a 
person  peaceably  sojcmrning  in  the  country. 
Removal  of  re-      ARTICLE  XIX.     All  restrictions  or  limitations  heretofore  imposed   or 
''i^'ht'T'penVc'r*^''^'^'''''^^'  '-"y  treaty,  law  or   regulation  upon  the   right  of  any   member  of 
sonal  properly.       the  Seminole  Nation  freely  to   sell  and  dispose  of  to  any   person  what- 
ever, any  chattel   or  article  of  personal   property   whatever  are   hereby 
removed  and  annulled,  except  such  as  the  laws  of  the  nation  itself  may 
have  created. 
Appointment  of      ARTICLE  XX.  An  agent  of  the  Confederate  States  and  an  interpreter 
ageiit  and    mti.r- jjj^a^ji  continue  to  be  appointed  for  the  Seminole   Nation,   both  of  whom 
Where  to  reside  s^^^-  reside  at  the  agency;  and  whenever  a  vacancy  shall  occur  in  either 
Vaca-oy  in  f aid  of  the  said  offices,  the  authorities  of  the  nation  shall  be  consulted  as  to 
ofEces,  how  filled,  the  person  to  be  appointed  to  fill  the  same,  and  no  one  shall  be  appointed 
How  agent  may  against  whom  they  in  good  faith  protest;  and  the  agent  may  be  removed 
be  removed.  ou  petition  and  formal  charges  preferred  by  the  constituted  authorities 

of  the   natiot),   the   President   being  satisfied,  upon   investigation,  that 
there  is  sufficient  cause  for  such  removal. 
What  Indians      AuTiCLE  XXL    The  Seminole  Nation  may,  by  act  of  its  legislative 
inay  resida  in  the  authorities,  receive  and  incorporate  in   itself  as  members  of  the  nation, 
^  *^°""''"-^' or  permit  to  settle  and  reside  upon  the   national  lands  such   Indians  of 
Sale  or  lease  of  any  other  tribe  as  to  it  may  seem  good;  and  may  sell  to  such  Indians  por- 
lar,  3  to  scch  la-  tiyug  of  land,  in  fee  or  by  less  estate,  or  lease  them  portions  thereof  for 
years  or  otherwise,  and  receive  to  its  own  use  the  price  of  such  sales  or 
leases ;  and  it  alone  shall  detei'mine  who  are  members  and  citizens  of  the 


TREATY  WITH  THE  SEMINOLE  NATION.  337 

nation,  entitled  to  vote  at  elections,  hold  office  or  share  in  annuities,  or  The  Seminole 
in  the  common  lands:  Frovidtd,  That  when  persons  of  another  tribe  ^'*'i'.'"  «i'""*' '"^^" 
shall  once  have  been  received  as  members  of  the  Seminole  Nation,  they  j^^"*^"J^j.g  ^^^  ^j" 
shall  cot  be  disfranchised  or  subjected  to  any  other  restrictions  upon  the  zona  of  the  nation 
right  of  voting  than  such  as  shall  apply  to  the  Seminoles  themselves,  entitled  to  vote, 
But  no  Indians  other  than  Seminoles  and  Creeks,  not  now  settled  in  the  ^^^ylg^'  *"' 
Seminole  country,  shall  be  permitted  to  come  therein  to  reside,  without 
the  consent  or  permission  of  the  legislative  authority  of  the  nation. 

Article  XXII.    If  any  citizen  of  the  Confederate  States,  or  any  ^,.P«"^'^y  ,f''^/**; 
other  persons,  not   being   permitted   to  do  so   by  the  authorities  or  said  o,^  Seminole  Na- 
natioii,  or  authorized   by  the  terms  of  this  treaty,  shall  attempt  to  settle  tion  without  pot- 
upon  any  lands  of  the  Seminole  Nation,  he  shall  forfeit   the  protection  ™^®*'"^"- 
of  the  Confederate  States,  and  such  punishment  shall  be  inflicted  upon 
him,  nut  being  cruel,  unusual  or  excessive,  as  may  have  been  previously 
prescribed  by  law  of  the  nation. 

Articlk  XXlir.    No  citizen  or  inhabitant  of  the  Confederate  States     <'g'<i*<"'^' jf  *'^« 
fihall  pasture   stock  on   the  lands  of   the  Seminole   Nation   under  the  j,'^g*g(°"^,lj  ,jj,  J^^". 
penalty  of  one  dollar  per  head,  for  all  so  pastured,  to  be  collected  by  the  inoie  landx. 
authorities  of  the   nation  ;  but  their  citizens  shall   be  at   liberty  at  all  .  RigjJt  "j  travel- 
times,  and  whether  for  business  or  pleasure,  peaceably  to  travel  the  Semi-  a^f 'ha?tii'i"^to  ra- 
nole  country;  and  to  drive  their  stock  to  market  or   otherwise,  through  cruit  the  «aiao. 
the  same,  and  to  halt  such  reasonable  time  on  the  way  as  may  be  neces- 
sary to  recruit  their  stock,  such  delay  being  in  good  faith  for  that  pur- 
pose.      It  is  also   further  agreed,  that  the   members  of  the  Seminole 
Nation  shall  have  the  same  right  of  travelling,  driving  stock,  and  halting 
to  recruit  the  same  in  any  ot  the  Confedcnite  States. 

Artici.k  XXLV.    The  officers  and   people  of  the  Seminole  and  Creek      ^^.^""nal  and 
Nations  respectivel}'^,  shall  have,  at  all  times,  the  right  of  safe  conduct  pj.j^|°'g  ^^^  j^j' 
through  the  hinds  of  each  other;  and  the  members  of  each  nation  shall  muuitea   of   the 
have  the  right,  freely  and  without  seeking  license  or  permission,  tosettle  ^^^'"^  ""''^'^  *°^ 
within  the  country  of  the  other,  and  shall  thereuj)on  be  entitled  to  all  ''^"' 
the  rights,  privileges  and  immunities  of  members  thereof,  including  the 
right  of  voting  at  all  elections,  and  being  deemed  qualified  to  hold  otTice, 
and  excepting  only  that  no  member  of  either  nation  shall  bo  entitled  to 
participate  m  any  funds   belonging  to  the  other   nation.      Members  of 
either  nation  shall  have  the  right  to  institute  and  prosecute  suits  in  the 
courts  of  the  other,  under  such  regulations  as  may,  from   time  to  time, 
be  prescribed  by  their  respective  legislatures. 

Article  XXV".    Any   person   duly  charged   with  a  criminal  offenco,    FugMfPs  from 
i  xi       1  n     •.!         .1       ti       -I  r\       \      XT   X-  1  •       just'.oe  to    be  suv- 

against  the  laws  or  eitlier  the  Seminole  or  Creek   iNation,  and  escaping ^j.^,^jm.g(j_ 

into  the  jurisdiction  of  the  other,  shall  be  promptly  surrendered  upon 
the  demand  of  the  proper  authority  of  the  nation  within  whoso  juris- 
diction the  offence  shall  be  alleged  to  have  been  committed. 

Article  XXVI.  The  Seminole  Nation  shall  promptly  apprehend  and     Apprehension 

J    ,.  ,,  ...  .  •      X  xu      1  r  ii      n         and     8urren(l.T   of 

Qoliver  up  alj  |  ersons  accused  ol  any  crime  against  the  laws  ol  the  v^on- pp^jj^^j  avi«w<i  of 

federate  States  or  any  State  thereof,  who  may  be  found  within  its  limits,  crime. 

on  demand  of  any   proper  officer  of  a  State  of  the  Confederate  States ; 

and  the  authorities  of  each  of  said  States  shall  in   like  manner  deliver 

up,  on  demand  of  the  Executive  authority  of  the  Seminole  Nation,  any 

person  subject  to   the  jurisdiction  of  the  tribunals  of  such  nation,  and 

accu.sed  of  any  crime  against  its  laws. 

Article  XXVII.  In  addition  to  so  much  and  such  parts  of  the  acta     L^'^^  in  fy^  J" 
ot  Congress  of  the  United  States,  enacted  to  regulate  trade  and  i^^ter- *^^^^^^®^^|.'^"  ^^  " 
course  with  Indian  tribes,  and  to  preserve  peace  on  the  frontiers,  as  may 
have  been  re-enacted  and  continued  in  force  by  the  Confederate  States, 
and  as  arc  not  inconsistent  with  the  provisions  of  this  treaty,  so  much 
of  the  law    of  the  Confederate  States  as  provide  for  the  puni.shment  of 

22 


338  TREATY  WITH  THE  SEMINOLE  NATION. 

crimes  amounting  to  felony  at  common   law,   ov  by  statute,  against  the 
laws,  authority  or  treaties  of  the  Confederate  States,  and  over  which  the 
courts  of  the  (Confederate  States  have  jurisdiction,  including  the  coun- 
terleiting  the  coin  of  the  Confederate  States  or  of  the  United  States,  or 
the  securities  of  the  Confederate  States,  or  in  uttering  counterfeit  coin 
or  securities,  and  so  much  of  such  laws  as  provides  for  the  punishment 
of  violators  of  neutrality  laws  and   resistance  to  the  process  of  the  Con- 
federate States  and  all  the  acts  of  the  Provisional  Congress  providing  for 
the  common  defence  and  welfare,  so  far  as  the  same  ai'e  not  locallj^  inap- 
plicable, shall  hereafter  be  in  force  in  the  Seminole  country. 
Any  member  of      ARTICLE  XXVTIT.   Whcnevcrany  person  whois  a  member  of  the  Semx- 
ue  .is^mirio  e  i  a-  j^^]^^  Xation  shall  be  indicted  for  anv  offence  in  any  court  in  the  Confederate 
ciurt  of  the  C.  S.  otates,or!n  a  State  court,  neshall  beentitledasor  common  right  to  subpoena, 
entitled  to  process  and  if  necessary,  compulsory  process  for  all  such  witnesses  in  his  behalf 

for  witnesses.         ^^  j^j^  council  ni;iy  think  material  for  his  defence  :  and  the  costs  of  pro- 
Costa  ot  process  ,    •'  .  n        \     ^       n  1        •! 

jndfecs  aud  mile-  cess  tor  such  Witnesses  and  oi  service  thereof,  and  the  fees  and  mileage 
j.go  of    witnesses  of  such  witnesses  shall  be  paid  by  the  Confederate   States,  being  after- 
paid  by  the  C.  S.   ^.^.fjg  made,  if  practicable,  in  the  case  of  conviction,  of  the  property  of 
When  accused  the  accused.     And  whenever  the  accused  is  not  able  to  employ  counsel, 
•°*'*^sd     "^^*^"^*   the  court  shall  assign  him  one  experienced  counsel  for  his  defence,  who 
shall  be  paid  by  the  Confederate  States  a   reasonable  compensation  for 
his  services,  to  be  fixed  by  the  court,  and  paid  upon  the  certificate  of  the 
judge. 
Law  in  regard  <o      ARTICLE  XXIX.     The  provisions  of  all  such  acts  of  the  Congress  of 

^,  .ffiJf^l/ll.'il  r"!  t^^c  Confederate  States  as  may  now  be  in  force,  or  as  may  hereafter  be 

-ujjitive   slaves   or  i     ••         i  i-  •  ■  rr  t  •   • 

fugitives  frc>m(?aacted   tor  the   purpose  of  carrying   into  effect  the  provisions  of   the 

:abor,  extended  to  Constitution  in  regard  to  the  re-delivcry  of  fugitive  slaves  or  fugitives 
tion  ^'""'°^'®  ■^'-'•"from  labor  and  service,  shall  extend  to, 'and  be'in  full  force  within  the 
said  Seminole   Nation  ;     and   shall  also  apply   to  all   cases  of  escape  of 
fugitive  slaves  from  the  said    Seminole   Nation   into  any  other  Indian 
nation  or  into  one  of  the  Confederate  States;  the  obligation  upon   each 
such  nation  or  State  to  re-deliver  such  slaves  beir.g  in  every  case  as  com- 
plete as  if  they  had  escaped  from  another  State,  and  the  mode  of  pro- 
cedure the  same. 
Persona  of  the      ARTICLE  XXX.     Persons   belonging    to   the   Seminole   Nation  shall 
Sominole     Nation  j^g-.^.j^-f^j.  j^^  competent  witnesses  in  all  cases,  civil  and  criminal,  in  the 
raade   competent  ^     i       /i      r-    i  c^  i  i         i   ■  <• 

witnesses  in  eases  f^oi^i^'ts  ot  trie  Confederate  States,  unless  rendered  incompetent  from  some 

in  the  C.  S.  courts,  other  cause  than  their  Indian  blood  or  descent. 

May  take  hold  Articlf;  XXXf.  It  is  hereby  further  agreed  by  the  Confederate 
andpasslandobyg(..^^g^  ^^,^.,^j^U  ^^^^  members  of  "the  Seminole  Nation  as  hereinbefore 
purciiaseor  ,,,         i  ^ 

descent,    and   f^ae  defined,  siiall  be  henceforward  competent  to  take,  hold  and  pass,  by  pur- 

andimpleadinaiiy  chase  or  descent,  lands  in  any  of  the   Confederate   States  heretofore  or 

of  the  courts  ot  f^*^  }ieveafter  acquired  by  them,  and  to  sue  and  implead  in  any  of  the  courts 

of  each  of  the  States,  in  the  same  manner,  and  as  fully,  and  under  the 

same  terms  and  restrictions,  and  on  the  .same  conditions  only  as  citizens 

of  another  of  the  Confederate  States  can  do. 

Effect  of  official      ARTICLE  XXXII.  AVhenever  regular  courts  of  ju.stice  shall  be  estab- 

act3ofjudicml..t-];.,|^g,l  in  the  Seminole  Nation,  the  official  acts  of  all  its  judicial  ofhcers 

liccrs  in    saiil    ua-    •,     ,,  ,  ,  rr  i    i  •   i     i  i       i-i         r-  •   i  i  t. 

tion.  shall  have  the  same  enect,  and    be  entitled  to  the  like   faith   and  credit 

everywhere  as  the  like  acts  of  judicial  ofBcersof  the  same  grade  and  juris- 

Autheiitieation  tlictioii  in  any  one  of  the  Confederate  States  ;  and  the  proceedings  of  the 

of  records  and  courts  and  tribunals  of  the  said  nation   and  copies  of  its  laws  and  judi- 

'"■^^^  cial  and  other  records  sh.ill  be  authenticated  like  similar  proceedings  Off 

the  courts  of  the  Confederate  States  and   the  laws,  and   cfEce  records  of 

the  same,  and  be  entitled  to  the  like  fjiith  and  credit. 

Existing   laws,      AliTTCLE  XXXIII.  It  IS  hereby  declared  and  agreed,  that  the  insti- 

usages   and    i;"'!- tution  of  slavery  in  the  Seminole  Nation  is  legal  and  has  existed  from 


TREATY  WITH  THE  SEMINOLE  NATION.  339 

time  immemorial  J    that  slaves  are  takea  and   deemed   to  be   pcrsoaal  toms,  in  re rppct  to 
property;  that  the  title  to  slaves  and  other  property  having  its  origin  iu^iav«rry,    declared 
the  said   nation  shall  be  determined  by  the  laws   and  customs  thereof;   '     '  '^' 
and  that  the  slaves  and  other  personal  property  ot"  every  person  domiciled 
in  said  nation  shall  pass  and  be  distributed  at  his  or  her  death  in  accordr 
ance  with  the  laws,  usages  and  customs  of  the  said   nation,  which  may 
be  proved  like  foreign  laws,  usngcs  and  customs,  and   shall  everywhere 
be  held  valid  and  binding  within  the  scope  of  their  operation. 

Articlk  XXX^^^  No  ex  post /aclo  law  or  law  impairing  the  obli-  No  e« ^c<«t /acJo 
gation  of  contracts  shall  ever  be  enacted  by  the  le-islativc  authority  of  !"^'''^f '''^^'"'Pf.""- 
the  bcminole  iNatiou  to  ailect  any  other  persons  than  its  own  people ; -,f  contracts,  affett 
nor  shall  any  citizen  of  the  Confederate  States  or  mehiber  of  any  other  any  oth.r  than  its 
Indian  nation  or  tribe  be  deprived  of  his  property,  or  deprived  or  res-^'^^j.P'j"  " 
trained  of  his  liberty,  or  fine,  penalty  or  forleiture  be  imposed  on  him  in  son  nr.d  I'roperty 
tiu;  said  country,  except  by  the  law  of  the  land,  nor  without  due  process  secured  to  citizens 
of  the  law  ;  nor  shall  any  such  citizen  be  in  any  way  deprived  of  any  of  "^  '  .''  ^-  ?•  *"^ 

..  -•*  in  cm  DC  FB    ol  otncr 

the  rights  guaranteed  to  all  citizens  by  the  Constitution  of  the  Coufed- jndijm  N^tip^j 
eratc  States;  and  it  shall  be  within  the  province  of  the  agent  to  prevent 
a.ny  infringement,  of  such  rights  and  of  this  article,  if  it  should  in  any 
case  be  nece^^sary. 

AuTlci.K  XXXV.    It  is  heteby   further  agreed,  that  the  Congress  of     Post-offices  and 
the  Confederate  Stales  shall   establish    and   maintain    post-offices  at  the  ™^'^^ 
m  )st  im;n)rtant  places  in  the  Seminole  Nation,  and  cause  the  mails  to  be 
regularly  carried,  at  re;isonable  intervals,  to  and    from   the  same,  at  the 
same  rates  of  j>ostage   and  in  the  same  manner   as  in  the  Confederate 
States. 

AiiTlCLE  XXXVI.  It  is  further  agreed  by  the  said  Confederate  Fcmino^psnotto 
States,  that  the  said  Seminole  Nation  shall  never  be  required  or  called  P "  ^  expen^os  of 

...  ,       .  f    1  <■  1    i"""  ^^-^  ^^  ^ "  y 

upv)n   to   pay,  m    land   or   otherwise,  any   part  oi    the  expenses   oi  the  future  war. 
present  war,  or  ot' any  war  waged  by  or  aga  nst  the  Confederate  States. 
.     AiinCLK  XXXV U.     In   order  to  enable   the    Creek   and    Seminole       lUprcfentatho 
Nations   to  claim  their  rights  and   secure   their  interests  without  the  in  <-"<-' gV'.s^s. 
intervention  of  counsel  or  agents,  and   as  they  were  originally  one  and 
the  same  people  and  are  now  entitled  to  reside   in  the   country  of  each 
other,  they  shall  be  jointly  entitled  to  a  delegate  to  the  House  of  Kep- 
re^oittatives  of  the  ( 'onlederatc  States  of  America,  who   shall  serve  i'or 
the  term  of  two  years,  and  be  a' member   of  one   of  said  nations,  over 
trt'rfnt.y-one  yeirs  ot  age,  and   laboring  under   no  legal  disability  by  the 
l.iw  i>f  either  nation ;    and   each  delegate  shall  be   entitled   to  the  same 
riglits  and  privileges  as  may  be  enjoyed  by  the  delegate  from  any  Terri- 
tory of  the  Confederate  States   to   the  said    House  ol'  Representatives. 
Each  shall  receive  such  pay  and  mileage  as  shall   be  fixed   by  the  Con- 
gress of  the  Confederate  States.     The  fir^t  election  for  delegate  shall  be     Election  of  J, Ic- 
held  at  such  time  and  plsces,  and  be  conducted  in  such  nx.nncr  as  shall sa-tc- 
bo  prescribed  by  the  agent  of  the  Confederate  States  lor  the  Ci-eeks,  to 
whom  returns  of  such  election  shall  be  made,  and   he  shall  declare  the 
person  having  the  greatest  number  of  votes  to  be  duly  elected,  and  give 
him  a  ccitiljcate  of  election  :iccordingly,  which  shall  entitle  him  to  his 
seat.     For  ah  subsequent  elections,  the  times,  places  and  manner  of  hold- 
ing them  and  ascertaining  ami  certifying  the  result  shall   be  prescribed 
by  law  of  the  Confederate  States. 

AitricLK  XXXVlll,  It  is  hereby  ascertained  and  agi'eed  by  and  between  Ai  nu{io-<.  iii'(>r- 
the  Confederate  States  and  the  Seminole  Nation,  that  the  United  '^f-i'^'s  t)t  ^j^^^.j^J^"^,"^' ^1^^!^ 
America,  of  which  the  (Confederate  States  were  heretofore  a  part,  vverii,  rc;ira<xe-«  thure.  of 
before  tlie  separation,  indebtetl,  and  still  continue  to  be  indebted,  to  the  iJ""  ^y '';e  I'- S;^"> 
Seminole  Nation  iu  the  following  sums,  annually,  and  bound  to  the  P^'ii^-Von    ^'^'"°        '" 


S40  TREATY  WITH  THE  SEMINOLE  NATION. 

tual  payment  thereof  to  them,  on  the  thirteenth  day  of  December,  in  each 
year,  that  is  to  say: 

Pei'petual  annuities,  amounting  to  the  sum  of  t-wenty-five  thousand 
dollars,  being  the  annual  interest  at  the  rate  of  five  per  cent,  per  annum 
on  the  two  sums  of  two  hundred  and  fifty  thousand  dollars  each,  which 
were,  by  the  eighth  article  of  the  treaty  of  the  seventh  day  of  August, 
A.  ]).,  pne  tliousand  eight  hundred  and  fifty-six,  to  be  invested  by  the 
United  Slates  at  that  rate  of  interest,  and  the  interest  to  be  regularly  paid 
over  to  the  nation  'per  cajnta  as  annuity ;  no  part  of  which  was  ever 
.invested. 

And  the  sums  of  three  thousand  dollars,  for  the  support  of  schools,  two 
■thouT-and  dollars,  for  agricultural  assistance,  and  two  thousand  two  hun- 
•dred  dollars,  for  the  support  of  stniths  and  smith  shops  among  the  Semi- 
Jioles,  which  were,  by  the  same  treaty,  to  be  paid  annually  for  ten  years 
from  ^\mI  after  the  making  of  the  said  treaty. 

And  it  is  heieby  further  ascertained  and  agreed,  that  there  was  due  to 
the  Semir.sle  Nation  from  the  United  States  of  America,  on  the  thirtieth 
•day  of  December,  in  the  year  of  our  Lord,  one  thousand  eight  hundred 
and  sixty,  on  account  of  said  annual  payments,  and  the  arrearages  thereof, 
the  sums  following,  that  is  to  say  : 

For  arrearages  of  the  said  sum  of  three  thousand  dollars.  anmiHlly,  for  the 
support  of  schools,  from  the  seventh  day  of  August,  A.  D.,  one  tliousand 
eight  hundred  and  fifty-six,  until,  and  including  the  payment  for,  the 
thirtieth  day  of  December,  A,  D  ,  one  thousand  eight  hundred  and  sixty, 
thirteen  thousand  dollai's. 

The  sum  of  two  thousand  dol'ars,  for  ng'icultural  assistance,  and  the 
i!um  of  two  thousand  two  hundred  dollars,  for  the  support  of  smiths  and 
smith-shops,  both  payable  on  the  day  last  mentioned. 

And  it  not  being  desired  by  the  Confederate  States  that  the  Seminole 
Nation  should  continue  to  receive  these  annual  sums  from  the  Government 
of  the  United  States,  or  otherwise  have  any  further  connection  or  commu- 
nication with   that  Government;  and  they  b^-ing  willing,  for  the  benefit 
;iud  improvement  of  the  Sf^'iiiuole  people,  to  extend  the  time  duiing  which 
?he  said  annual  suuisof  three  tliou.sand  dollars,  for  the  support  of  scliools. 
imd  of  two  thousand  two  hundred  dollars,  for  the  support  of  smiths  and 
TbeC. P. MB'-oBsc smith-shops,    shall    be   paid;    therefore,   tlie    said    Confederate    States  of 
aep-*yin"iit  of 'lie  ^^j,,^j,j,.j^^  ,1,5  hereby  assume   the   payment,  for   the  future,  of  the  above- 
juuii  pvim.T'.-.       J"«cUed  annuity  and  antmal  payments,  and  do  agree  and  bind  themselves 
reofularly  and  punctually  to  pay  the  same  in  manner  following,  that  is  to  say : 

The  said  annuity  or  annual  interest  of  twenty-five  thousand  dollars, 
annually,  forever,  commencing  with  tjie  thirtieth  day  of  December  next, 
fivo  thousand  dollars  thereof,  annually,  to  the  treasurer  of  the  nation,  to 
be  used  and  disbursed  as  the  General  Council  shall  direct  for  governmerital 
and  other  purposes,  and  the  residue  of  twenty  thousand  dollars,  annually, 
per  capita,  to  all  the  individuals  of  the  Seminole  Nation,  equally  and  share 
and  share  alike  :  Provided,  That  after  the  restoration  of  peace,  and  the 
(establishment  and  rei'ogtiition  of  the  independence  of  the  Confederate 
States,  and  if  it  be  re<]uired  by  the  General  Council  of  the  Seminole 
Nation,  the  capU-al  sum  of  five  hundred  thousand  dollars,  on  whi(di  the 
said  annual  interest  is  hereby  provided  to  be  paid,  sliall  be  invested  hy  the 
President  in  safe  sto(dvS,  at  their  market  value,  bearing  an  annual  interest 
of  at  least  six  per  cent.,  so  that  the  most  advantageous  investment  })Ossible 
shall  be  made  foi-  the  Seminole  Nation ;  which  stocks  shall  "be  thereafter 
held  in  trust  for  the  Seminole  people,  and  the  interest  thereon  collected  by 
the  Confederate  States,  and  by  them  paid  annually  to  the  Seminoles,  five 
ihousand  dollars  in  each  year  to  the  treasurer  of  the  nation,  to  be  applied 


TREATY  VvITH  THE  SEMINOLE  NATION.  3il 

to  such  governmental  and  other  purposes  as  the  General  Council  shall 
direct,  and  the  whole  residue,  per  capita,  to  all  the  individuals  of  the 
nation.  The  said  sum  of  three  thousand  dollars,  for  the  support  of  schools, 
annuall}^  for  twenty  years  from  and  after  the  making  of  this  treaty, 
beginning  with  the  jjiesent  year  of  our  Lord,  one  thousand  eight  hundred 
and  sijity-one,  and  payable  on  the  thirtieth  day  of  December  in  each 
year;  to  be  expended  and  ap])lied  under  the  direction  of  the  President  of 
the  Confederate  States  by  the  agent  of  the  Semirioles. 

The  said  sum  of  two  thousand  two  hundred  dollars,  for  the  support  of 
smiths  and  smith-shops,  annually,  for  ten  years  from  and  after  the  making 
of  this  treaty,  beginning  with  the  present  year  of  our  Lord,  one  thousand 
eight  hundred  and  sixty-one,  and  payable  on  the  thirtieth  day  of  December 
in  each  year,  to  be  expanded  and  ajiplied  by,  or  under  the  direction  of,  the 
General  Council  for  the  support  of  tmiths  and  smith-shops  in  the  said 
nation. 

The  said  sum  of  two  thousand  dollars,  for  agricultural  assistance,  annu- 
ally, for  five  years,  from  and  after  the  making  of  this  treaty,  beginning 
with  the  present  year  of  our  Lord,  one  thousand  eight  hundred  and  sixty- 
one,  and  payable  on  the  thirtieth  day  of  J  December  in  each  year,  to  be 
exj)ended  and  apjtiied,  under  the  diiection  of  the  President,  in  the  way  of 
agricultural  assistance,  by  the  agent  of  the  Confederate  States  for  the  said 
nation. 

Anil  the  said  Confederate  States  do  also  agree  and  bind  themselves  to 
appropriate  and  pay  immediately  after  the  complete  ratification  of  this 
treaty,  the  sum  of  seventeen  thousand  two  hundred  dollars,  the  aggregate 
of  the  sums  which  were  so  due  and  payable  as  aforesaid,  on  the  thirtieth 
day  of  December.  A.  D.,  one  thousand  eight  liundred  and  sixty;  the  sums 
of  thirteen  thousand  and  two  thousand  dol'ars,  part  thereof,  to  be  expended 
and  disbursed  by  the  agent,  under  the  direction  of  the  President,  the 
former  for  the  support  of  schools,  and  the  latter  in  the  way  of  agricultural 
assistance;  and  the  sum  of  iwo  tliousand  two  hundred  dollais,  the  residue 
thereof,  to  be  paid  to  the  treasurer  of  the  nation,  and  ajiplied  by  the 
General  Council  to  the  support  of  smiths  and  smith-shops:  Provided, 
That  the  President  shall  not  be  required  to  expend  the  whole  of  said  sum 
of  thirteon  thousand  dollars  at  once  ;  but  shall  apply  the  same  judiciously, 
from  time  to  time,  and  at  such  times  and  in  such  sums,  as  shall  seem  to 
him  best  calculated  to  diffuse  the  benefits  of  e<Uication  an<l  knowlediiC 
among  the  childien  of  the  Semiuoles.  Atid  it  is  further  agreed  by  the 
Confederate  States  that  ihey  will  also  add  to  the  said  sum  the  further 
sum  of  one  thousand  dollars,  to  be  applied  by  the  agent  to  the  erection  of 
two  additional  school  houses,  at  suitable  points  in  the  Seminole  country. 

Article  XXXIX.  It  being  alleged  by  the  Seminole  people  that  certain     Claim  for  com- 
persons  among  them  are  entitled   to  compensation  for  the  loss  sustained  persation  for  loa« 
i>v  them  bv  being  dispossessed  of  a  large  number  of  slaves  about  the  vear  ^"'*^? "'';';  ^  :[  J, 
one  thousand  eight  liundred  and  forty-seven,  by  an  illegal  order  of  General  by boijigdinpos^es 
Tiiomas  8.  Jesup,  and   which   were  protected  against  the  claims  of  the  ffdof  n  inrjienum- 
ovvners  by  order  of  that  General,  at  Fort  CJibson  or  elsewhere,  for  a  iong^^''  o^ '^'-""  ^l^^^'i"- 
time,  and  until  they  were  delivered  \\\\  to  the  United  States  sub-agent,  for 
the  Seminoles,  about  the  first  of  January,  A.  D.,  one  thousand  eight  liun- 
dred and  forty-nine,  by  virtue  of  an  order  from  the  ['resident,  promulgated 
by  the  Secretary  of  War,  in  an  order  dated  fifth  of  August,  one  thousand 
eight  hundred    and  forty-eight,  to  be  by   the  sub-agent  delivered   to   the 
Chiefs  of  the  Seminoles,  who  were  to  decide  the  right  of  property  in  and 
to  said  slaves;  auvl  that  this  was  done  by  a  decree  of  the  Gein'ial  Council, 
of  the  fifteenth  day  of  May,  one  thousand  eight  hundred  and  tbrtv-nine,  by 
which  decree  all  the  slaves,  and  their  increase,  having  formerly  belorgeil 


342  TREATY  WITH  THE  SEMINOLE  NATION. 

to  Kinir  Payne,  were  decided  to  belonjr  to  and  to  be  under  the  control  of 
Micco  Mut-cba-sa  or  Jem  Jumper,  the  Principal  Chief  of  the  nation. 

And  it  being  also  alleged  by  the  Seminoles  that  the  claims  of  the 
various  owners  of  said  slaves,  so  dispossessed  of  their  property  and 
deprived  of  the  use  of  the  same  for  three  yeais  or  more,  were  made  out 
before,  and  filed  with,  Marcelhis  I)u  Val,  the  sub-agent  foi'  the  Seminoles, 
prior  to  the  fifth  of  September, one  thousand  eight  hundred  and  fifty-four; 
And  it  being  alleged  by  them,  that  fifty  of  said  negroes  belonged  to 
Car-pit-cha  Micco,  now  deceased,  seven  to  Chilto,  forty  to  Nelly  Factor, 
ap4-ihirty  to  Eliza  Chopco,  daughter  of  IMlly  Bowlegs  ; 

And  it  being  also  alleged  by  the  Seminoles,  that  they  could  never  obtain 
any  consideration  or  hearing  of  or  for  these  claims  from  the  Government 
of  the  United  States,  not  even  at  the  time  of  making  the  treaty  of  the 
year  of  our  Lord,  one  thousand  eight  hundred  ami  fifty-six,  on  account  of 
the  determination  of  northern  members  of  the  Cabinet  and  of  Congiess, 
not  to  admit  any  right  of  property  in  slaves  or  ]^ay  any  claim  on  account 
of  the  seizure  or  detention  of  slaves,  even  to  foreign  governments; 

And  the  said  negroes  being  alleged   to  have  been  illegally  sei'/ed  and 
detained  without  warrant  of  law  or  color  of  right,  of  war  or  otherwise; 
Investigation      Therefore,  it  is  hereby  further  agreed  by  and  on  the  part  of  the  GoidVd- 
and  adjudication  g,.j^j.Q  gf.jf       j^i,.,,.  jl^^  ^.^i,j  claims  shall,  at  the  earliest  convenient  season, 
of  Fuoh  claims.        ,  .  .  ,       ,!  .     .  ,.  t     !•         .  ,r  •  . 

be  examuied  and  mvestigated  by  the  Commissioner  of  Indum  Anairs,  who 

shall  do  so  under  the  direction  of  the  Secretary  of  War,  and  subject  to  an 

appeal  to  him  and  from  him  to  the  President,  in  such  manner  as  shall  be 

just  and  liberal  uiuler  the  circumstances  and  after  such   la]ise  of  time,  nnd 

Th!}C.S.  aagume '^'"*"  '"'ji'dicale  the  same  upon  such  principles  as  shall  be  just  nnd  eq^ita- 

the  payment  «f  the  ble  ;  and  if  it  be  u|»on  such  investigation  asc<^rtaineil  and  dtdermined  that 

money  due  for  the  the  slaves  in  (juestioi)  were  illegally  detained,  then  tlie  (,'onfederate  Stales  ' 

th^e  8lave=''^^'°^  °  ^^^'^  1*'^-^'  ^^  *''*^   several    owners   or   their   heirs,  within   a   reasoiiabh;  time, 

such  amounts  of  iiionoy  as   shall    he  determined   to   have  been  justly  and 

equitably  due  to   the  said  several    owners,  foi'  the   loss  of  service  of  s;iid 

slaves  during  such  times  as  they  shall   be  found  to  have  been  so  detained, 

acconling  to  the  cui'reiit  value  of  such  service  in   the  Seminole  country  at 

the  time. 

Payment  to  the      AuTicLK  XL.  Whereas,  during  the  war  between   the  United   States  -iml 

h'iiraof  Sally  Fac-{i,(.  y,,,„j„^]       j„  }r|,j,.;,i.,   j,,   {i,^,  years  iVom   oiu'  thousand  eie-lit  hundred 

tor,    ueo^assd,    tor        ,  ^,  •  ■     \  ,  i     •   'i       ,         ,       ■  ■    ,.  •      i      • 

two  iilavea  killed^""'  thirty-six,  to  one  thousand  eight  bundled  and  forty  ,  inclusive, 

wliiit)  in   thc)  ger- the  United  States  niilitarv  authorities,  in  Floridn,  compelled  July  and  Mur- 
vice  of  the  U.  S.  y.^y^  t^\.(,  slaves  of  Sally  Factor,  now  deceased,  to  serve  as  interpreters,  and 
retained  them  in  such  service  and  liad  them  in  possession  f<u-  tlie  spjice  of 
nearly  or  quite  four  years,  until  both  of  them  were  killed,  one  by  a  soldier 
of  the  United  States,  and  the  other  by  the  hostile  Seminoles,  whereby  tiie 
owner  lost  both,  and  their  services  for  four  years  ;  but  her  claim  for  com- 
pensation could  never  obtain   a   hearing  or  consideration   at  the  hands  of 
the  United  States,  because  to  pay  it  would  have  been  to  admit  the  legality 
of  jiroperty  in  slaves,  and,  therefore,  even  an  examin:ition  of  it  was  refused 
at  the  making  of  the  treatv  of  the  year  one  thousand  eight  hundred  and 
fifty-six;  therefore,  the  Confederate  States  do  herel>v  agree  to  p  ty  to  the 
heirs  of  the  said  Sally  Factor,  deceased,  in   full  satisfaction  for  said  claim, 
the  sum  of  Cwa  thousand  dollars,  immediately  after  the  ratification  of  this 
treaty. 
I'aymont  of      AiiTiCL  XLI.   It  being  urged,  with  much  reason,  by  the  authorities 
Principal" c  i^'icf!  "^^  *^^^  "^'^'^^'"'^'^  Nation,  that  the  delegates,  forty  in  number,  who  went 
«r\d  others  in  full  with  the  Superintendent  of  Indian   Affairs  to  Florida,  in  the  year  one 
of  their  claims  and  tiiousand  eight  hundred  and  fifty-vseven,  to  bring  about  the  removiil  of 
loyalty  and  pood  ^'^"^  hostile  Seminoles, received  but  an  insuflScient  compeiisation  from  the 

faith. 


TREATY  WITH  THE  SEMINOLE  NATION.  34S 

United  States  for  their  time  and  services,  in  the  puyracnt  of  the  sura  of 
two  hundred  dolhirseach,  for  four  months  abisciiee  i'vum  the'u-  hoi.'jes;  and 
the  said  Confederate  States  being  desirous  to  leave  no  just  and  fair  chiim 
of  the  Seminoles,  or  any  of  them,  unadjusted,  or  any  of  their  friends 
among  the  lied  Men  justly  dissatisfied,  it  is,  therefore,  hereby  agreed  on 
the  part  of  the  Confederate  States,  that  they  will  pay  upon  the  ratifica- 
tion of  this  treaty,  to  the  Principal  Chief,  John  Jumper,  or  Hi-na-ha 
Micco,  for  his  services  at  that  time  and  in  consideration  <if  his  loyalty 
at  the  present  time,  the  sum  of  five  hundred  dollars  for  himself,  and  the 
sum  of  twelve  hundred  and  fifty  dollars,  to  be  equally  divided  by  him 
among  five  of  the  principal  men  among  the  said  delegates ;  and  will  also 
pay  tt>  him  for  each  of  the  other  thirty-four  delegates  the  sum  of  one 
hundred  dollars  in  full  of  all  their  claims,  and  in  view  of  their  present 
loyalty  and  good  faith. 

Article  XLII.  It  is  hereby  further  agreed  by  the  Confederate  States,  Furiherpayment 
that  they  will  jiay,  upon  the  complete  ratification  of  this  treaty,  to  the  J,'^^.^^j.|'^^  J^'^r^.'^^"] 
Principal  Chief  of  the  Seminole  Nation,  to  be  equally  divided,  by  him,i,y  1,;'^  among  tho 


the  commissioners  appointed   by  the   ({eneral   Council,  and  who  eommission'rswho 

------  -  "have    neg-"*'"''"' 

tbis  treaty. 


have  negotiated  this  treaty,' the  sum  of  five  hundred  dollars,  by  way  oi'^'''"'  noKotated 


compensation  for  their  time  and  services  therein. 

AiiTlCLK  XLETI.  To  give  the  Seminoles  full  and  entire  assurance  of  T^ctters  patent  of 
the  completeness  of  their  title  to  their  lands,  the  Confederaljtt  States  J'^j'^'^J^'j.^j^^^gjjj-^ 
hereby  agree  that  there  shall  be  executed  and  delivered  to  the  Seminole  noles  and  assur- 
Nation  letters  patent  of  conveyance  and  assurance  of  the  same,  whereby  «"««■  t"  ^^  ^,\^' 
the  same  shall  be  guaranteed  to  them  in  fee  simple  forever,  with^"^_^  by^he'c/s! 
power  of  disposition,  in  the  language  of  article  four  of  this  treaty,  t,,  tho  Seminolo 
under  the  (jireat  Seal  of  the  Confederate  States,  and  signed  by  the  Pres- Nation, 
idcnt,  upon  parchment,  so  that  it  may  not  decay  or  its  letters  fade. 

AiiTiCLE  XLIV.  A  general  amnesty  of  all  past  offences  against  the  General  amnesty 
laws  of  the  United  States  and  of  the  Confederate  States,  committed  in«^cclared. 
the  Indian  country  before  the  signing  of  this  treaty,  by  any  member  of 
the  Seminole  Nation,  as  such  membership  is  defined  in  this  treaty,  is 
hereby  declared,  and  all  such  persons,  if  any,  wliethcr  convicted  or  not, 
imprisoned  or  at  large,  charged  with  any  such  olfence,  shall  receive  from 
the  President  full  and  free  pardon,  and  be  discharged. 

Article  XIjV.  It   is   further  agreed    between   the   parties   that  all     Ccrtnin    provis- 

provisions  of  the  treaties  of  the  Seminolo  Nation  with  the  United  States '•^'?* ''f*^?,*'"*."'*''^^ 

1  •    I.  i       i     ii.     CI       •      1     \T   i-  •     1-    -J      I    ii  t.  ol    the    Scimnolo 

which  secure  or  guarantee  to  the  Seminole  Nation,  or  individuals  tnercot,  jvf,j,i(,n  ^ith   th  c 

any  rights  or  privileges  whatever,  and  the  place  whereof  is  not  supplied  u.  S.  continued  in 

by,  and  which  are  not  contrary  to  the  provisions  of  this  treaty,  and  go  f".'"'"*'  'i^  p*^  ""''^* 

far  as  the  same  are  not  obsolete  or  unnecessary,  or  repealed,  annulled,  ^^' 

changed  or  modified  by  subsequent  treaties  or  laws,  or  by  this  treaty,  are 

and  shall  be  continued  in  force,  as  if  made  with  the  Confederate  States. 

Article  XLVI.  This  treaty  shall  take  effect  and  be  obligatory  upon     When  this  treaty 

the  contracting  parties  from  the  first  day  of  August,  in  the  year  of  our '•^  ^^'^"^  ^^*°'- 

Lord,  one  thousand  eight  hundred  and   sixty-one,  whenever  it  shall  be 

ratified  by  the  provisional  President  and  Congress,  or  the  President  and 

Senate  of  the  Confederate  States. 

In  perpetual  testimony/  whereof,  thesaid  Albert  Pike,  as  Conmiissioner, 
with  plenary  power,  on  the  part  of  the  Confederate  States, 
doth  now  hereunto  set  his  hand  andafhxthesealof  hisarms, 
and  the  undersigned  chiefs,  head  men  and  warriors  of  the 
Seminole  Nation,  and  commissioners  with  plenary  powers 
thereof,  on  the  part  of  the  Seminole  Nation,  do  hereunto 
set  their  hands  and  afiix  their  scab. 


94M  TREATY  WITH  THE  SEMINOLE  NATION. 

Done  in  duplicate,  at  the  place,  and  upon  the  day,  in  the  year  first 
aforesaid. 

ALBERT  PIKE, 

Coinrnissioncr  of  the   Confederate  States  of  America  to  ilie  Iiutiun  JWdicv.s 
7'ji.ii  cf  Arkansas. 

JOHN  JUMPER,  FOS-HUT-CHI  HA-CHO-CHI, 

Pi  i  lie  pal  Chief  of  the  Seminole  Nation.  Ton-ii  Chitf. 

PAS-CO-FA,    '  TA-LO-A  HA-CHO, 

Totrn    Chief.  Town  Chiif. 

GEORGE  CLOUD,  0-CHI-SI  CHO-FO-TO-A, 

Town  Chiif.  Tmcn  Chiif. 

FOS-HUT-CHI  TUS-TI-NUK-KI,     CHO-FO-TOP  HACHO, 

Toini  Chief.  Toini  Chief. 

TA-CO-SA  FIC-SICO,  SU-NUK  MICCO, 

Toicn  Chief.  Tincn  Chief. 

IIAL-PA-TA,  TUS-TI-NUK    CO-CHO-CO-NI, 

Town  Chief.  Town  Chief. 

l-U  \-TlILA, 

Town   Chief. 

Signed,  sealed  and  mutually  delivered  in  our  presence. 

WM.  QUESl'^NBURY, 

Seere'riry  In  the  Commissioner. 

E.  RECTOR, 

Superintendent   of   Indian   Affairs  for 
tilt   Wef,tern  Snperiiitendeney. 

SAMUEL  M.  RUTHERFORD, 

^  A(jeiit  of  the  Confederate  Stutes  fur  the 

Seminides. 

JAMES  M.  C.  SMITH, 
CHARLES  B.  JOHNSON, 
^V.  WARREN  JOHNSON, 
W.  L.  PIKE, 
W.  H.  FAULKNER. 

To  the  Indian  names  aro  subjuined  marks. 


A  CONTENTION  SUPPLEMENTARY 

7o  the  treaty  of  friend  ship  this  day  made  and  concluded  at  the  Council 
Aug.  1,  j8ol.  House   of  the   Seminole   Nation,  on    the  frst   day  of  August,  in    the 

year  of  our  Lord,  one  thousand  eight  hundred  and  sixty-one,  between 
the  Confederate  States  of  America,  by  Albert  Pike,  their  Commissioner , 
with  full  powers,  of  the  one  jinrt,  and.  the  Seminole  Nation  of  red 
men.  by  their  Ch.iofs,  head  men  and  warriors  in  General  Cumicil 
assembled,  of  the  other  part. 

The     Seminole      Id  addition  to  the  said  treaty,  and  by  way  of  separate  convention  and 
Nation  to  furnisli  agreement,  it  is  hereby  atjjreed  between  the  Kuid  parties,  that  in  consid- 
five  companica  of^j.^^j^^  ^^  ^j^^  common  interests  of  the  Confederate  States  and  the  Semi- 
mounted     men   to       ,     „     .  ■,      ,.     ^  ■  i     ■    i  i         i  ,       i  , 
■erve  in  the  army  "^o'^  JNation,  and  or  the  protection  and  rights  secured  and  guaranteed  to 

of  the  C.  S.  the  latter  by  said  treaty,  the  said  Seminole  Nation  will  raise  and  furnish, 

and  the  Confederate  States  will  receive  into  their  service  not  less  than 
two  nor  more  than  five  companies  of  mounted  men,  to  serve  in  the 
armies  of  the  Confederate  States  for  twelve  months.  Each  company 
shall  be  composed  of  not  less  than  sixty-four  nor  more  than  one  hundred 
meu  in  all.     The  company  officars  shall  be  elected  by  the  members  of  the 


TREATY  WITH  THE  SEMINOLE  NATION.  S4^ 

corupany;  and  the  major  commanding  b}'^  a  majority  of  the  votes  of  all 
the  members  of  the  battalion.  The  men  shall  be  armed  by  the  Confed- 
erate States,  receive  the  same  pay  and  allowances  as  other  mounted 
troops  in  the  service,  and  not  be  moved  beyond  the  limits  of  the  Indian 
country,  west  of  Arkansas,  without  their  consent. 

In  testinwni/  whereof,  the  said  Albert  ]*ike,  as  such  Commissioner  of 
the  Confederate  States,  doth  hereunto  set  his  hand  and  affix 
the  seal  of  his  arms,  and  Hin-i-ha  Mieco  or  John  Jumper, 
Principal    Chief  of     the     Seminole     Nation,    Pas-eo-fa, 
Ceorge  Cloud,  Fos-hnt-chi   Tas-ti-nuk-ki,  Ta-co-sa  Fic-si- 
f  C'"'"'^  I      CO,  Ilal-pa-ta,  I-raa-thla,  Fos-hut-chi    Ha-cho-chi,  Sa-to-a 
I  ^'^'-  I      Ilacho,    0-chi-si   Cho-fo-to-a,    Cho-fo-top   Hacho,  Su-nuk 
''""'^         Miceo  and  Tus-ti-nuk   Co-cho-co-ni    Town  Chiefs,   Com- 
missioners, with  plenary  powers  thereof,  on  the  part  of  the 
Seminole  Nation,  do  hereunto  set   their   hands  and  affix 
their  seals. 
Done  in  duplicate  at  the  Seminole  agency,  in  the  Seminole  Nation,  on 
the   second   day  of  August,  in   the  year  first  aforesaid. 

ALBERT  PIKE, 
Comnihsioner  of  the  Confederate  States  of  America  to  the  Indian  Na- 
tions west  of  Arkansas. 

JOHN  JUMPER,  FOS-HUT-CHI  HA-CHO-CHI, 

Pruicipnl  Chief  nf  the  Seminole  Nation.  Tinrn  Clii'f. 

PAS-CO-FA,  SA-TO-A  HACIIO, 

Totnn  Chief.  Town  Chief. 

GEORGE  CLOUD,  0-CHl-Sl  CHO-FO-TO-A, 

Town  Chief.  Town  Chiif. 

FOS-HUT-CHI  TUS-TI-NUK-KI,    CHO-FO-TOP  HACHO, 

Toirn  Chief.  Tmnn  Chief. 

TA-CO-SA  FIC-SI-CO,  SU-NUK  IMICCO, 

Toun  Chief.  Town   Chief. 

HAL-PA-TA,  TUS-TI-NUK  CO-CHO-CO-NI, 

Town  Chief  ToKH  Chiof. 

I-MA-THLA, 

Toien  Chief. 

Signed,  sealed  end  mutually  delivered  in  our  presence. 

WM.  QUESENBURY, 

Seere'nry  to  the  Commissioner. 

E.  RECTOR, 

Sinterintrnihnt   of  Indian    Affnirt  for 
the   Wrstirn  Su))erintenrlrr}ii/. 

SAMUEL  M.  RUTHERFORD, 

Agent  of  the  Confederate  States  for  the 
Seminolea. 

^  JAMES  M.   C.  SMITH, 

Specin!  Interpreter.  • 

CHARLES  B.  JOHNSON, 
W.  WARREN  JOHNSON, 
W.  L.  PIKE, 
W.  H.  FAULKNER. 

To  the  Indian  names  aro  subjoined  marks. 


RATIFICATION. 


Dm.  20,  186?. 


Resoloed,  (two-thirds  of  the  Congress  concurring,)  Tliat  the  Congress  Ratifioaiion  by 
of  the  Confederate  States  of  America  do  advise  and  consent  to  the  rati-  ^?°'^'"^'"g'^  *''.*"'*^ 
fication  of  the  articles  of  a  treaty  made  by  Albert  Pike,  ('ommissloncr  Nation. 


346  TREATY  WITH  THE  SEMINOLE  NATION. 

of  the  Confederate  States  to  the  Indian  nations  west  of  Arkansas,  in 
hehalf  of  the  Confederate  States,  of  the  one  part,  and  by  the  Seminole 
Nations  of  Indians,  by  its  Chiefs,  headmen  and  warriors,  in  General 
Council  assembled,  of  the  other  part,  concluded  at  the  Seminole  Council 
House  in  the  Seminole  Nation,  ou  the  first  day  of  August,  in  the  year  of 
cur  Lord,  one  thousand  eight  hundred  and  sixty-one,  with  the  following 
I 
Amendments.  AMENDMENTS  : 

I.  Add  at  the  end  of  article  xxs.  the  following  words:  "and  the 
Confederate  States  will  request  the  several  States  of  the  Confederacy  to 
adopt  and  enact  the  provisions  of  this  article,  in  respect  to  suits  and 
proceedings  in  their  respective  courts." 

II.  Strike  out  from  article  xxxvii.  the  following  words:  'Hhe  same 
rights  and  privileges  as  may  be  enjoyed  by  the  delegates  from  any  Terri- 
tory of  the  Confederate  States  to  the  said  House  of  llepresentatives,"  and 
insert,  in  lieu  thereof,  the  following  words;  "a  seat  in  the  hall  of  the 
House  of  llepresentatives  to  propose  and  introduce  measures  for  the 
benefit  of  said  nations,  and  to  be  heard  in  regard  thereto,  and  on  other 
questions  in  which  either  of  said  nations  is  particularly  interested,  with 
such  other  rights  and  privileges  as  may  be  determined  by  the  House  of 
Representatives." 

III.  Strike  out  from  article  xxxviii.  the  following  words :  "  or  in  a  State 
court,"  and  insert,  in  lieu  thereof,  the  following  words:  "or  in  a  State 
court,  subject  to  the  laws  of  the  State." 

Resolued  furfJur,  (two  thirds  of  the  Congress  concurring,)  That  the 
Congress  do  also  advise  and  consent  to  the  ratification  of  the  Conven- 
tion, supplementary  to  the  aforesaid  treaty  with  the  Seminoles,  made  by 
the  same  parties  of  each  part,  and  concluded  at  the  same  time  and  place 
with  the  same. 

Note. — The  foregoing  treaty,  togethrr  with  the  amcDdmcnt?,  vfas  tluly  ratified  by  the 
Seminole  Nation. 


TREATY  WITH  THE   COMANCHES 

AND  OTHER   TRIBES  AND  BANDS. 


AUGUST  12Tn,  18C.1. 


ARTICLES  OF  A  CONVENTION 

Enf  red  into  and  concluded  at  the  Wichita  Agmcij,  near  the  Fake 
Washita  river^  in  the  country  leased  from  the  Choctaws  and  Chicka- 
saws,  on  the  twelfth  day  of  A  urjuM,  in  the  year  of  our  Lord,  one 
thousand  eiglit  hundred  and  sixty-one,  between  the  Confederate  States 
of  America,  by  Albert  Pike,  their  Commissioner,  wiV/<  full  juicers, 
appointed,  by  the  President,  by  virtue  of  an  act  of  the  Congress  in 
that  behalf,  of  the  one  part,  and  the  Pcn-i'-tcgh-ca  Band  of  the  N^e-un 
or  Comanches,  and  the  tribes  and  bands  of  Wichitas,  Cado-Jfa-da-chos, 
Hae-cos,  Ta-hua-ca-ros,  A-na-dagh-cos,  Ton-ca-wes,  Ai-o-nais,  Ki-cli(iis, 
Skawnees  and  Delawares,  residing  in  the  said  leased  country,  by  their 
respective  Chiefs  and  Head  Mc7i,  who  have  signed  these  articles,  of  the 
other  part. 

Articlk  I.  Tlie  Peii-e-tefrh-ca  Band  of  the  Ne-uiii  or  Comanches,  and     The  Comanclies. 
the  tribes  and  bands  of  the    Wich-i-tas,  Cado-lla-da-clios,  Ilue-cos,  Ta-  ^f  '^^'"'''a  ^\T 
nua-ca-ro!?,   A-na-daj:n-cos,    J  on-ca-wes,    Ai-o-nais,    JM-chais,    oluiwuees  protection  of    tho 
and  Delawares,  now  residinp^  witliin  the  country  north  of  Red  river  and  C.  S. 
south  of  the   (y'anadian,   and    between    the    ninety-eightli  and   one  hun- 
dredths parallels  of  Avest  longitude,  leased  for  them  and  other  tribes  from 
the  Choctaw  and  Chickasaw  Nations,  do  hereby  place  themselves  under 
the  laws  and  protection  of  the  Conicderate  States  of  America,  in  peace 
and  war  forever. 

Ar'I'ICLE  II.  The  Confederate  States  of  America  do  hereby  promise  The C. S.  aBsnme 
and  engage  themselves  to  be,  during  all  time,  the  friends  and  protectors  ^'^^^  P'^*^'®*''*''"**®^' 
of  the  Pen-e-tegh-ca  Band  of  the  Ne-um,  and  of  the  Wich-i-tas,  Cado- 
Ha-da-chos,  Ilue-cos,  Ta-hua-ca-ros,  An-adagh-cos,  Ton-ca-wes,  Ai-o- 
nais,  Ki-chais,  Shawnces  and  Delawares,  residing,  or  that  may  hereafter 
come  to  reside,  in  the  said  leased  country  ;  and  that  they  will  not  allow 
thetn  henceforward  to  he  in  any  wise  troubled  or  njolested  by  any  power 
or  people,  State  or  person  whatever. 

Amtici-e  III.  The  reserves  at  present  occupied  by  the  said'sevoral  Occupation  of 
tribes  and  bands  may  continue  to  be  occupied  by  then),  if  they  are  satis- "^*"^^^'"'" 
fied  therewith;  and  if  any  of  them  arc  not,  the  tribe  or  tribes,  band  or 
bands  dissatisfied  may  select  other  reserves  instead  of  those  uovf  occupied 
by  them,  in  the  same  leased  country,  with  the  concurrence  and  assent  of 
the  agent  of  the  Confederate  States  for  the  reserve  Indians,  at  f.ny  time 
within  two  years  from  the  day  of  the  signing  of  these  articles. 


348  TREATY  WITH  THE  COMANCHES,  ETC. 

Hxient  of  each      ARTICLE  IV.  Each  reserve  shall  be  of  sufficient  extent  of  good  arable 
rtaerve.  ^p^d  grazing  laud,  amply  to  supply  the  needs  of  the  tribe  or  band  that  is 

to  occupy  it ;  and  each  shall  have  a  separate  reserve,  unless  two  or  more 
elect  to  settle  and  reside   together,  and  hold   their  reserves   in  common. 
Refervas,    how  The  reserves  shall,  as  far  as  practicable,  be  defined  by  natural  boundaries 
defin--d.  t|,at  juay  }jg  described,  and  so  far  as  this  is  not   practicable,  by  perma- 

nent   monuments    and   definite    courses  and   distances;    and   full   and 
authentic  descriptions  of  the  reserves  shall  be  made  out  and   preserved 
by  the  Confederate  States. 
Right  of  proper-      AiiTiCLE  V.   Each  tribe  or  band  shall  have  the  right  to  posses,  occupy 
ly  ia  reser»re  se-  aiid  use  the  reserve  allotted  to  it,  as  long  as  grass  shall  grow  and  water  run, 
or'bauci""^'^    '"  ^  and  the  reserves  shall  be  their  own  property  like  their  horses  and  cattle. 
Hunting  and      AirTlCLE  VI.  The  members  of  all  the  said  several  bands  and  tribes  of 
killing  o!  game.     Indians  shall  have  the  right,   henceforward   forever,  to  hunt  and   kill 
game  in  all  the  unoccupied  part  of  the  said  leased  country,  without  let  or 
molestation  from  any  quarter. 
Perpet lal  peace      ARTICLE  VII.  There  shall  be  perpetual  peace  and  brotherhood  between 
bJtwcen'^'the^tnb'es  ^'^^  Pen-e-tcgh-ca  Band  of  the  Ne-iim  or  Caniauches,  and  the  tribes  and 
and  bjnJs.  bands  of  the  Wich-i-tas,  Ca-do-Ha-da-chos,  Hue-cos,  Ta-hua-ca-ros,  An- 

a-dagh-cos,  Ton-ca-wes,  Ai-o-nais,  Ki-chais,   Shawnees   and   Delawares, 
Injuries, Ac, for- l^<i-w^een  each  of  them  and  each  and  all  of  the  others;  and  every  injury 
givta.  or  act  of  hostility  which  either  has  heretofore  sustained  at  the  hands  of 

the  other  shall  be  forgiven  and  forgotten. 
Tribes  and  bands      ARTICLE  VIII.  The  said  several  tribcs  and  bands  shall  henceforth  be 
'"''^eo'-'d  neigh-        (J  j^^,;j^|jQrg  t^gjjgj^   Other,  and    there   shall  be   a  free   and   friendly 

bora  to  each  other.  P^  »  ,  ii-.ii  iini  it  "^ 

Right  of  prop-  intercourse  among  them.     And  it  is  hereby  agreed  by  all,  that  the  horses, 

erty  in  horeea,  eat  cattle  and  otherstock  and  property  of  each  tribeor  band  andof  every  person 

tie  and  stock.         ^f  q.^q}^^  jg  j^ig  qj.  j^g   own,  and    that  no   tribe  or  band   nor  any  person 

belonging  to  any  tribe  or  band  shall,  or  will  hereafter,  kill,  take  away  or 

injure  any  such  property  of  another  tribe  or  band  or  of  any  member  of 

any  other  tribe  or  band,  or  in  ony  other  way  do  them  any  harm. 

Perpetual  peace      ARTICLE   IX.      There    shall    be   perpetual    peace    and    brotherhood 

a-d     brotherhood  between  each  and  all  of  said  tribes  and  bands,  and  the  Cherokee,  Mus- 

inanches  Ac.  and^^"^'?  Seminole,  Choctaw  and  Chickasaw  Nations;  and   the   chiefs   and 

certiia  other  tribes  head  men  of  eiJch  of  the  said  tribes  and  bands  shall  do  all  in  their  power 

Return  of  stolen  to  take  and  return  any  negroes,  horses  or  other  property  stolen  from  white 

property.  y^^^^^  ^j.  f,.Qni  persons  who  belons;  to  the  Cherokee,    Mus  ko-ki,  Seminole, 

Apprehension^^,        ,  A,.    ,  at    x-  j     x  ^    i_  j       • 

anddoiiveryof any  Choctaw  Or  Chickasaw   iNation,  and   to  catch   and   give   up   any  person 

wrong  di.er.  among  them  who  may  kill  or  steal  or  do  any  other  very  wrong  thing. 

Laws  of   Choc-      ARTICLE  X.  None  of  the  laws  of  the  Choctaws  and  Chickasaws  shall 

tawa  and  Chicka- ever  be  in  force  in  the  said   leased   country  so   as   to   affect  any  of  the 

saws  t->   have  no  memj^ers  of  the  said  several  tribes  and  bands,  but   only  as  to   their  own 

people  who  may  settle  therein ;    and  they  shall   never  interfere   in   any 

way  with  the  reserves,  improvements  or  property  of  the  reserve  Indians. 

Ilo.-tiliiies  and      ARTICLE  XI.  It  is  distinctly  understood  by  the  said  several  tribes  and 

enmities    bet^reen  bands,  that   the  State   of  Texas  is   one  of  the   Confederate   States,   and 
the  said  tribes  and  .    •.,•/-,  ,.  ^     ■  ■.       ^  ^-l     n  •     ■  ■  -l  i 

bands  and  State  of  J^^^^s  ^his  Convention,  and  sigus  it  wiien  the  Commissioner  signs  it,  and 

'iexa^,  fo'gottenis  bound  by  it;  and  that  all  hostilities  and  enmities  between  it  and  them 

and  forgiven.         j^j.g  j^q^^  tnded  and  are  to  be  forgotten  and  forgiven  on  both  sides. 

No  war  to  be      ARTICLE  XII.  None  of  the  braves  of  the  said  tribes  and  bands  shall 

waged  or  councils  go  upon  the  war-path,  against   any   enemy  whatever,   except   with   the 

the  ciTn'Tnt  of^the  '^'^'^sent  of  the  agent,  nor  hold  any  councils  or  talks  with  any  white  men 

a^ent.  or  other  Indians  without  his  knowledge  and  consent.     And  the  Confed- 

Who  may  live  erate  States  will  not  permit  improper  persons  to   live   among  them,  but 

a.coDg     em.  ^^j^  g^j^  persons  as  are  employed  by  the  Confederate  States  and  traders 

licensed  by  them,  who  shall  sell  to  the  Indians  and   buy   from  them  at 

fair  priees,  under  such  regulations  as  the  President  shall  make. 


TREATY  WITH  THE  COMANCHES,  ETC.  349 

Article  XIII.  To  steal  a  horse  or  other  any  article  of  property  from  an     Tho  etoaling  of 
Indian  or  a  white  mun,  shall  hereafter  be  considered  disgraceful,  and  the  property  to  beoon- 
chiefd  will  discountenance  it  by  every  means  in   their   power.       For   if  ({jj*""      o>ss'"t- 
they  should  not,  there  never  could  be  any  permment  peace. 

AancLE  X[V".  The  Confederate  States  ask  nothing  of  the  Pcn-e-tegh-      Nothing  aske.i 
cas,  Wich-i-tas,  Ca-do-Ha-da-chas,  Hue-cos,  Ta-hua-ca-ros,  A-na-dagh-cos,  ''^  ^'^^^.,^-  ?^.','*'"' 
Ton-ca-wes,  Ai-o-nais,   Ki-chais,   Shawnees  and   Delawares,  except  that  ^'x.epi   ,i,.it   they 
they  will  settle  upon  their  reserves,  become  industrious,  prepare  to  sup- wii  l  eette  up -n 
port  themselves,  and   live   in    peace   and   quietness;    and   in   order   to ''^'^""  ■'f'*''"^'^^' ^'^-^ 
encourage  and  assist  them  iu  their  endeavors  to  become  able  to  support        " 
themselves,  the  Confederate  States  agree  to   continue   to   furnish   them     The  C.  S.  agree 
rations  of  provisions   in  the   same   manner  as   they   are   now   doins,  to  ?   uruis  i  r;iuon3, 
include,  also,  sugar  and  coiiee,  salt,  soap  and  vinegar,  lor  such  time  as  may  impioments,  Ac. 
be  necessary  to  enable  them  to  feed  themselves.     They  agree  to  furnish 
each  tribe  or  band  with  twenty  cows  and  calves   for  every   fifty   persons 
confained  in  the  same,  and  one  bull  for  every  forty  cows  and  calves ;  and 
also  to  furnish  to  all  of  said  tribes  and  bands  together  two  hundred  and 
fifty  stock  hogs,  all  of  which  animals  shall    be  distributed    by  the  agent 
to  such  persons  and  families  as  shall,  in  his  judgment,  be  most  proper  to 
receive  them,  and  most  likely  to  take  care  of  them.     And  they  also  agree 
to  furnish,  for  the  use  of  the  said  tribes  and  bands,  such  number  of  draught 
oxen,  wagons,  carts,  ploughs,   shovels,  hoes,   pick-axes,  spades,   scythes, 
rakes,  axes  and  seeds  as  may  be  necessary,  in  addition   to   their  present 
supply,  to  enable  them  to  farm  successfully.     They  also  agree  to  furnish 
each  tribe  or  band,  annually,  with   sucK  quantities   as   the  agent  shall 
est:m:its  for  and  tlic  superintendent  require,  of  all  such   ari.lcles   as  arc 
mentioned  and  contained  in  the  schedule  hereunto  annexed,  marked   A, 
to  be  issued  and  delivered  to  them  by  the  agent. 

Article  Xv'.  The  Confederate  States  will  maintain  one  agency  for  the     A/^ency  for  {ho 
aaid  tribes  and  bands  at  the  present  agency  house  or  some  other  suitable  '"^'^'^  ''"''  bandH. . 
and  convenient  location,  at  which  the  agent  shall  continually  reside  ;  and 
they  do  promise  the  said  tribes  and  bands  that  they  shall  never  be  aban- 
doned liy  the  agent,  and   that  he  shall  not  be  often  nor  for  any  long  time 
away  from  his  agency. 

Article  XVI.    The  Confederate  States  will  also  employ  and  pay  an     ^''-^^'P'^'.^^'- 
interpreter  for  each  langiiiige  spoken  among  the  said  tribes   and   l>^in*^s,  strikcr.-ind  wa-'OK- 
and  also  one  blacksmith,  who  shall  also  be  a  gun-smith,  one  striker  and  one  maiior. 
wagon-maker,  for  all;  all  of  whom  shall  reside  at  the  agency  ;  and  they     Toois  and  jiup- 
will  furnish,  from  time  to  time,  such  tools  and  such  supplies  of  iron.  ^^^'^^^"^^1'^''°' "  *" 
steel  and  wood  as  may  be  needed   for  the  work  of  the  said   tribes  and 
bands;  and  will  also  furnish  all  the  people  of  said  tribes  and  bands  who 
may  be  sick,  with  medicines  and  medical  service,  at  the  agency,  where  a      Meiielnes   and 
physician   shall    be  employed   to  reside,  for  their    benefit  exclusively. '"*"^'*"''  ^*''^''"'- 
They  will  also  employ  for  five  years  and  as  much  longer  as  the  President     farmer  for  each 
shall  please,  a  farmer  for  each  reserve,  to  instruct  the  Indians  iu  culti- '''^*"^'^*'*" 
vating  the  soil,  so  that  they  may  soon  be  able   to  feed   themselves;  and     <iriav mill* 
will   erect  such    a  number  of   horse-mills,   to    grind  their  corn,  a.s  the 
superintendent  shall  consider  to  be  necessary,  in   order  to  accommodate 
all.     And  the  stock  and  animals  to  be  given  to  the  tribes  and  bands  shall     ^*'"'^.  /^"^^  °-^' 
be  in  charge  of  the  farmers,  that  they  may  not  be  foolishly  killed  or  let  jj,  chiWe  of  th* 
to  perish  by  neglect.  farmere. 

Article  XVII.    The   Confederate  States  also  agree  to  erect  such      Breotion  of 
buildiugs   for   the  mills,  and    the    blacksmith's  shops,    and     houses  for  ''"•I'l'ng''- 
the  farmers  and  interpreters,  as  have   been  erected  among   the  other 
Indian  tribes,  and  also  to  assist  the  said  Indians  in  building  houses  for 
themselves,  and  in  digging  wells  for  water,  and  opening  their  lands.  i 

Articlk  XVIII.  The  said  bands  and  tribes  Rgrcc  to  remain  upon  their 


35'j  TREATY  WITH  THE  COMANCIIES,  ETC. 

Bandsand  tribes  reserves,  and  not  at  an}'  time  to  leave  them  in  order  to  make  crops  else- 
to  remain  on  tbeir  ■^yhere.  And,  if  they  should  leave  them,  the  Coulbderate  States  shall 
reserves.  jj^j.  j^g  bound  any  longer  to  I'eod   them  or  ui;ikc   them   presents,   or  give 

them  any  assistance. 

Rifle  and  jimmu-  AiiTiCLE  XIX.  The  Confederate  St:ites  also  agree  to  furnish  each 
nition  to  be  fur- ^.j,,,.|^^j.  ^j-  ^.j^g  g.^j^j  ^.j-jl^gg  ^j-^j  bjmcls  v/ho  has  not  a  gun,  with  a  flint- 
nished   each    war-,      ^      -n  ^  ■■•  i  •    u    u  i.         ii 

j.^j.  lock  rifle  and  ammunition,  waich  he  agrees  never  to  sell   or  give  away, 

and  the  Confederate  States  will  punish  any   trader  or   other  white  man 

who  may  purchase  one  from  them. 
Promises  made  ARTICLE  XX.  The  Confederate  States  invite  all  the  other  bands  of 
by  the  C.  S.  to  ilaej;|^Q  \f^.mjj  QP  Comanches  to  abmdoa  their  wandering  life  and  settle 
th^eT^settir' within ''^'^'^"i  ^^^^  leased  country  aforesaid  ;  and  do  promise  them,  in  that  case, 
ths  leased  cjuiitry,  the  same  protection  and  care  as  is  hereby  promised  to  said  tribes  and 
and  atone  f"  r  bands  now  residing  therein;  and  that  there  shall  be  allotted  to  them 
crimes  committed.  ^.^^^^^^^  ^^  ^^^^^  j.^^j^  ^,.  3^2^^;^,^^  extent,  to  be  held  and  owned  by  them 

forever;  and  that  all  the  other  promises  made  by  these  articles  shall  be 
considered  as  made  to  them  also,  as  well  as  to  the  tribes  and  bands  now 
residing  on  reserves;  and  that  the  same   presents  shall   be   made   them, 
and  assistance  given  them,  in  all  respects;    and   the  same   things  in  all 
respects  are  also  hereby  offered  the  Cai-a-was  and   agreed   to   be  uiven 
them,  if  they  will  settle  in  said  country,  atone  for  the  murders  and  rob- 
beries they  have  lately  committed,  and  show   a  resolution   to  lead   an 
honest  life ;  to  which  end  the  Confederate   States  send   the   Cai-a-was, 
with  this  talk,  the  wampum  of  peace  and  the  bullet  of  war,  for  tbem  to 
take  their  choice,  now  and  for  all  time  to  come. 
Indemnity  for      ARTICLE  XXI.  The  Confederate  States  hereby  guarantee  to  tbe  meni- 
horses  or  o  t  h  er  j^g^g  ^j-  ^j^g  aforesaid  tribes  and  bands,  full  indemnity  for  any  horses  or  any 
stolen.  other  property  that  may  be  killed  or  stolen  from  them  by  any  citizen  of 

the   Confederate   States   or   by   Indians    of  any   other   tribe   or   band  : 
Proviso.  Provided,  That  the  property,  if  stolen,  cannot  be  recovered  and  restored, 

and  that  sufficient  proof  is  produced  to  satisfy  the  agent,  that  it  was 
killed  or  stolen  within  the  limits  of  the  Confederate  States. 
Settlement  of  ARTICLE  XXII.  If  any  difficulty  should  hereafter  arise  between  any 
difficulties betsyeen  of  the  bands  or  tribes,  in  consequence  of  the  killing  of  any  one,  of  the 
any  of  the  bi^-'^'ls  stealina;  or  killins;  of  horses,  cattle  or  other  stock,  or  of  iniury  in  any 
count  of  iujuries  Other  Way  to  pei'son  or  property,  the  same  shall  be  submitted  to  the  agent 
to  person  or  prop-  of  the  Confederate  States,  who  shall  settle  and  decide  the  sanie  equitably 
^'^^'  and  justly,  to   which  settlement  all  parties  agree  to  submit,  and  such 

atonement  and  satisfaction  shall  be  made  as  he  shall  direct. 
No   private  re-      ARTICLE   XXIII.    In  order  that   the'  friend.'^hip  which    now   exists 
venge   or  retalia- between  the  Said  several  tribes  and  baiuls  of  Indians  and  the  jieople  of 
£V-ur-'"'  *'^''*'"  *^®  Confederate  States,  and  of  the  Choctaw  and  Chickasaw  Nati.)ns  may 
not  be  interrupted   by  the  conduct  of   individuals,  it  is  hereby  agreed 
that  if  any  white  man  or  any  Choctaw  or  Chicka.«:aw  injures  an  Indian 
of  any  one  of  said   tribes   and   bands,  or  if  an}-  one  of  them  injures  a 
white  man  or  a  Choctaw  or  Chickasaw,  no  private  revenge  or  retaliation 
Offenders  to  ba  shall  take  place,  uor  shall  the  Choctaws  or  Chickasav,-s  try  the  person 
tried  and  pauished  who   does  the  wrong,  and  punish  him,   in   their   courts,  but  heshaii 
oy  the  0.  S.  y^^  tried  and  punished  by  the  Confederate  States  ;  and  the  life  of  every 

Punishmnnt  f  P^^"'^'^'^  belonging  to  Said  tribes  and  bands  shall  be  of  the  same  value  as 
killing  withou  t^bc  life  of  a  white  man  ;  and  any  Indian  or  white  man  who  kills  one  of 
•^i^^se.  them  without  cause,  shall  be  hung  by  the  neck  until  he  is  dead. 

Texan  troops  to      ARTICLE  XXIV.  It  is  further  hereby  agreed   by  the   Confederate 

be  withdra'vn.        Statie^,  that.  aU.tlu)  Texau  troops  now  within   the  limits  of  the  said 

leased  country  shall  be  withdrawn  across  Red-  river^  an-d  that  no  Texan 

troops  shall  herejjiftcr  be  stationed  in  forts  or  garrisons  in  the  said  country 

or  be  sent  into  the  Sarae,  except  in  the  service  of  the  .Confederate  States, 


TREATY  WITH  THE  COMANCHES,  ETC. 


3ol 


Seal.  | 


and    when    on    the    war-path    against    the    Cai-a-was    or   other   hostile 
Indians. 

ARTiCLE  XXV.  This  convention  shall  be  obligatory  on  the  tribes  and     When  this  Ccr 
bands  whose  Chiefs  and  headmen  sign  the  same,  I'roui  the  day  of  its  date,  mention  to  fcah  o 
and  on  the  Confederate  States  from  and  after  its  ratification  by  the  proper  ^^^"^ 
authority. 

In  perpetual  trstiviomj  whereof,  the  said  Albert  Pike,  as  Commissioner, 
with  plenary  powers,  of  the  Confederate  States  of  America, 
to  the  Indian   nations  and   tribes  west  of  Arkansas,  for 
and  on  behalf  of  the  said  Confederate  States,  doth  now 
hereunto  set  his  hand  and  affix  the  seal  of- his  arms;  and 
the  undersigned  Chiefs  and  headmen  for  and  on  behalf  of 
their  respective  tribes  and  bands,  do  now  hereunto  respec- 
tively set  their  hands  affix  their  seals. 
Done  at  the  AVichita    Agency,    aforesaid,  on   this   the    twelfth   day 
of  August,  in  the  year  of  our  Ijord,  one  thousand  eight  hundred  and 
sixty -one. 

ALIVEllT  l^IKE, 
Commissioner  of  the    Confederate   Statrs   to   the    Jii<Uan    N'ntinns    and 

Tribes  icest  of  Arkansas. 
K  E-K  A-K  E-W  A,  TE- A  TS, 

Principal  Chief  of  the  Pen-e-tcgh  ca  Bund      Sub.  Chief  of  the  Ifuc-cos. 
of  the  A'e-uni. 

TO-SA-WJ,  0-CIII-IIAS, 

Secotifi  Chief  of  the  Pcn-e-tfgh-en    Ban  i       Princijnil  Chief  of  the  Tn-hua-ca-roa. 
of  the  \e-vm. 

PA-ixN-IlOT-SA-MA,  SAM  HOUSTON, 

Win-  Chief  of  the  Pen-e-teghea  Band  of      Second  Chief  of  the  Ta-htta-ca-roi. 
the  Me-uin. 

I-SA-DO-WA,  CA-SHAO, 

Pi  iuripal  Chief  of  the  Ai-o-naig. 

JOSE  MARIA," 

Piineiji'il  Chief  of  the  An-a-dtigk'tot, 

CO-SE-I\Uj-S(), 

Second.  Chief  of  the  An-a-dagh-coi. 

KE-SE-MIRA, 

Copin:)i  of  ihc  An-n-dngh-coa. 

JIM  T0x\-CA-AVE, 

Coj)lnin  of  the  Tou-cn-uea. 

KI-IS-QUA, 

Sceoud  Chi'f  of  the  Ki-chais. 

JOHN  LINNY, 

Chi'f  of  Shitwii-vn.t, 

KEH-KA-TUS-T(fN, 

Chief  of  the  Dcloicares.  : 


Priiieipnl  Chief  the  yVich-i-taa. 

A-WA-HE, 

S'coitd  Chief  the  Wich-i-ta». 

A-SA-CA-liA, 

Chi'f  „/'  the   ]Vich'i-ta$. 

TA-NAH, 

Priiicipnl  Chief  of  the  Cndo-Hi(d(ichoa 

TAI-0-TUN, 

Second  Chief  of  the  Cado-llndnehos, 

CHA-WIIII-WIN, 

('■    Capidin  (if  the  Ciido-IIadachoa, 

CH  A- W  All-UN, 

'     Crip'niii  of  the  Cado-IJadachos. 

A-HE-DAT, 

I     Principal  Chief  of  the  Hue-cos. 

CA-CA-DIA, 


Second  Chief  of  the  Ilue-coa. 

Signed,  sealed  and  copies  exchanged  in  .presence  of  iis. 
WM.  QUESENBURY,  CHllJ.t  McTNTOSIl, 

Secrctan/ totke.Coiumisnioner.  ISRAEL    (v.    VOl^  E, 

E.  RECTOR,  ^V    WAR  REN  JOHNSON, 

Snpcnnlendent  of  Indian  AOmrg  for  the  \y      i       !>}]'' W 
Cunfede,-ate  Statea.  '  .     ]]  '  l^'    ,'   l!>,>i 

M.  LUPER,  H.  P.  JONES, 

Agent   of  ike    Confederate   Slates  f,i-    (/,c  CHARLES    B.    JOHNSON, 


Wich-1-tan  and  <iih-r  Uandn. 

MOTEY  KINNARD, 

Priii'ipal  Chief  of  the  Mun-ko-kia. 

JOHN  JUMPJUl, 

Principal  Cidef  the  Seminolca. 


J.  J.  STURM, 

AVM.  SHIRfiEY, ^ 

W.  H.  FAULKNER, 


To  the  Indian  names  aro  subjoined  mfi.rks. 


.152 


TREATY  WITH  THE  COMANCHES,  ETC. 


SCHEDULE  A. 

Sckednia  A.  Of  articles  of  merchandize,  &c.,   agreed   to  be  furnished  annually, 

under  the  foregoing  convention  to  the  Comanches,  Wich-i-tas,  Hue-cos", 
Cado-Hadachos,  An-a-dagh-cop,  Ta-hua-ca-ros,  Ki-chais,  Ai-o-nais,  Shaw- 
nees  and  Delawares,  living  on  reserves  in  the  country  leased  from  the 
Choctaws  and  Chiclcasaws : 

Blue  drilling,  warm  coats,  calico,  plaid  check,  regatta  cotton  shirts, 
socks,  hats,  woolen  shirts,  red,  white  and  blue  blankets,  red  and  blue  list 
cloth,  shawls  and  handkerchiefs,  brown  domestic,  thread,  3'arn  and 
twine,  shoes,  for  men  and  women,  white  drilling,  ribbons,  assorted  colors, 
beads,  combs,  camp  kettle>^,  tin  cups  and  buckets,  pans,  coffee  pots  and 
dippers,  needles,  scissors  and  shears,  butcher  knives,  large  iron  spoons, 
knives  and  forks,  nails,  hatchets  and  hammers,  augers,  drawing  knives, 
gimlets,  chopping  axes,  fishhooks,  ammunition,  including  powder,  lead, 
flints  and  percussion  caps,  tobacco. 

This  is  schedule  A,  of  the  treaty  with   the   Pen-e-tegh-ca  Band  of 

r  i'-^- — N  -V    Ne  um,  and  the  Wichi-tas  and  other  bands,  to  which  it  is 

•]    Seal.   [•    annexed  as  a  part  thereof. 

<-  — ,^^  )  ALBERT  PIKE,   Commissioner,  d'c. 


ARTICLE  STPPLEMENTARY 


To  the  Convention  hctwcni  the  ConfMlcrate.  States  of  America  and  the 
Pen-e-tegh-ca  Band  of  Nc-um  or  Comanches,  Wich-itas,  Cado-IIa-da- 
chos,  and  other  Bands  settled  upon  rescroes,  made  and  concluded  at  the 
Wich-i-ta.  Agencif,  near  the  False  Washita  river,  on  the  twelfth  day  of 
August,  in  the  year  of  our  Lord,  one  thousand  eight  hundred  and 
sixty-one. 

!PT«a»Vife.  AiiTiCTiE.  It  being  well  known  to  all  surrounding  tribes  and  univer- 

sally acknowledged,  that,  from  time  immemorial,  the  Ta-wa-i-hash  people 
of  Indians,  now  called,  by  white  men,  the  Wich-i-tas,  and  of  whom  the 
Ilue-cos  and  Ta-hua-ca-ros  are  offshoots,  possessed  and  inhabited,  to  the 
exclusion  of  all  other  tribes  and  bauds  of  Indians,  the  whole  country 
lying  between  the  Red  river  and  the  False  Washita,  from  their  junc- 
tion  to  the  west  of  the  Wich-i-ta  mountains,  and  with  the  aid  of  the 
Ta-nei-weh  Band  of  the  Ne-um,  held  all  that  country  against  all  comers, 
and  had  their  villages  and  fields  in  the  vallics  of  the  Wich-i-ta  moun- 
tains and  upon  the  creeks,  and  there  cultivated  the  soil,  raised  stock  and 
led  an  industrious  life;  all  which  facts  were  known  to  the  Commissioner 
of  the  Confederate  States  twenty-nine  years  ago. 

And  the  United  States  of  America,  having,  in  the  year  eighteen 
hundred  and  twenty,  and'  by  subsequent  renewals  of  the  grant,  ceded, 
the  whole  of  that  country  to  the  Choctaws;  and  having  afterwards,  by 
patent,  conveyed  and  assured  the  same  to  them  in  fee,  and  they  having 
made  the  Chickaaaws  joint  and  equal  owners  of  the  same  with  them- 
selves ;  whereby  the  same  has  been  wholly  lost  to  the  Ta-wa-i-hash, 
except  such  small  portion  thereof  as  has  been  assigned  to  them  by  way 
of  reserve ;  and  no  compensation  whatever  has  been  made  them  therefor, 
although  they  respectfully  presented  their  claim  on  account  of  the  same 
to  the  Commissioner  of  Indian  Affairs  of  the  United  States,  and 
appealed  to  that  Government  for  payment  of  some  reasonable  price  for 
their  said  country,  to  be  paid  them  in  such  manner  as  ehould  be  most  for 
their  benefit  and  improvement ; 


TREATY  WITH  THE  COMANCHES,  ETC.  S£5 

And  the  Commissioner  knowing  that  their  claim  to  compensation  is  a 
just  one,  and  seeing  how  poor  and  helpless  they  are,  and  being  willing 
to  save  them  from  the  necessity  of  employing  persons  to  urge  their 
claim,  and  of  dividing  with  them  what  they  may  receive,  but  not 
deeming  himself  authorized  to  decide  what  amount  shall  be  allowed 
them  therefor,  nor  in  what  manner  it  shall  be  paid. 

It  is,  therefore,  hereby  agreed  by  the  Confederate  States,  that  the  CW.p  of  t  h  « 
claim  of  the  Ta-wa-i-hash  or  Wich-i-tas  to  compensation  for  their  ^'"^^'^l  *'^^^*^^°'^ 
country,  between  the  Red  river  and  the  False  Washita,  shall  be  sub- oiivVfry  ihitwjoa 
mitted  to  the  President  for  his  consideration,  who,  if  he  also  agrees  that 'ho  Ry\  river  iiod 
it  is  just,  shall  determine  what  amount  shall  be  paid  or  allowed  them  in^'''^,'  Waah-.ts,  ta 
satisfaction  thereof,  and  in  what  manner  that  amount  shall  be  paid;  and  jj^g  ?f»sidca*. 
that  amount  shall  accordingly  be  paid  them  in  such  manner  as  he  shall 
direct. 

In  textimonj/  whereof,  the  said  Albert  Pike,  Commissioner  of  the  Con- 
federate  States  of  America   to  the   Indian  Nations  and 
(   q  I      Tribes  west  of   Arkansas,   doth   hereunto  set   his  hand, 

( ,^^*_^  j       on  behalf  of  the  said   Confederate  States,  and   affix  the 
seal  of  his  arms. 
So  done  and  signed  and  sealed,  at  Wich-i-ta  Agency,  near  the  False 
Wash-i-ta  river,  on  the  thirteenth  day  of  August,  in  the  year  first  afore- 
fiaid. 

AT.BRRT  PIKE, 
Commissioner  of  the    Confederate    States  to   thv    Indian    Nations   and 
Tribes  rocat  of  Arkansac. 

WM.  QUESENBURY, 
Secretary  to  the  Commissioner. 


RATIFICATION.  Dm.2M'G1. 

Resolved,  (two-thirds  of  the  Congress  concurring,)  That  the  Congress  RaMSo;  ton  o  f 
of  the  Confederate  States  of  America,  do  advise  and  consent  to  the  ratifi-  *-^'''  ,f "' ''  "l^  ''.'•  *?  ** 
cation  of  the  articles  of  a  convention,  made  by  Albert  Pike,  Commissioner  nj«--t  ry  vrti  l->. 
of  the  Confederate  States  to  the  Indian  Nations  west  of  Arkansas,  in 
behalf  of  the  Confederate  States,  of  the  one  part,  and  the  Pen-e-tegh-ca 
Band  of  Neum  or  Comanches,  and  the  Tribes  and  Bands  of  the  Wich- 
i-tas  Cado-Ha-da-chos,  Hue-cos,  Ta-hau-ca-ros,  An  a-dagh,co3,  Ton-ca- 
wcs,  Ai-o-wais,  Ki-chais,  Shawnees  and  Delawares,  residing  in  the 
country  leased  from  the  ChocU^ws  and  Chickasaws,  each  by  its  Chiefs  and 
headmen,  who  signed  the  said  articles,  of  the  other  part;  concluded  at 
the  Wich-i-ta  Agency,  near  the  False  Washita  river,  in  the  said  leased 
country,  on  the  twelfth  day  of  August,  ii  the  year  of  our  Lord,  one  thou- 
Rand  eight  hundred  and  sixty-one.  And  that  the  Congress  also  advises 
and  consents  to  the  ratification  of  the  supplementary  article  of  the  samo 
Convention,  made  and  concluded  at  the  same  time  and  place,  by  the  said 
Commissioner  in  behalf  the  Confederate  States,  with  the  Ta-wai-hash  or 
Wich-i-ta  Band  of  Indians,  with  the  amendments  adopted,  to  wit: 

1st.  Strike  out  all  of  article  nineteen. 

2nd.  Strike  out  all  of  article  twenty-four. 


23 


TREATY   WITH   THE    COMANCHES 

OF  THE  PRAIRIES  x\ND  STAKED  PLAIN. 
AUGUST  12,  1861. 


ARTICLES   OF  A  CONVENTION, 

k-ig  12,  ](-ii  Entered  into  and  concluded  at  the  Wichita  Agency^  near  the  False 
Washita  river,  in  the  country  leased  from  the  Choctaws  and  Chicka- 
saivf:,  on  the  ticelfth  day  of  August,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  sixty-one,  hetu-een  the  Confederate  States 
of  America,  hy  Albert  Pike,  their  Commissioner,  with  full  powers, 
appointed  hy  the  President,  by  virtue  of  an  act  of  the  Coni/ress  in  that 
behalf  of  the  one  part,  and  the  Nc-co-ni,  Ta-ne-i-ue,  Co-cho-tih-ca 
and  Ya-pa-rih-ca  bands  of  the  Nc-vm  or  Comanches  of  the  Prairies 
and  Staked  Plain,  by  their  Chiefs  and  head  men  tcho  have  signed 
these  articles,  on  the  other  part. 

rh>j  Coiuanchts  Articlk  I.  The  No-co-ni,  Ta-nei-weh,  Co-cho-tih-ca  and  Ya-pa-rih-ca 
M?*  ^UcTtL-^'u^  ^^"'^'^  ^^  *^^  Ne-um,  called  by  the  white  men  the  Comanches  of  the 
selves  -jnder  t  h  e  Prairles  and  the  Staked  Plain,  do  hereby  make  peace  with  the  Confederate 
prof.nc'aoa  of  tho  Stateg  of  America,  and  do  renew  and  continue  the  peace  heretofore 
^'  ^'  existing  between  them  and  the  Cherokee,  Mup-ko-ki,  Seminole,  Choctaw 

and  Chickasaw  Nations  of  red  men,  and  do  hereby  take  each  and  all  of 
them  by  the  hand  of  friendship,  having  smoked  M'ith  them  the  pipe  of 
peace,  and  received  the  wampum  of  peace  ;  and  do  hereby  place  themselves 
under  the  laws  and  protection  of  the  Confederate  States  of  America, 
and  agree  to  be  true  and  loyal  to  them  in  peace  and  in  war  forever,  and 
to  hold  them  by  the  hand,  and  have  but  one  heart  with  them  always. 
Tiio  C.  S.  as-  Article  II.  Tho  Confederate  States  of  America  do  hereby  promise 
snino  ilie  I''«'«<"- and  engage  themselves  to  be,  during  all  time,  the  friends  and  protectors 
of  the  No-co-ni,  the  Ta-ne-i-weh,  Ya-pa-rih-ca  and  Co-cho-tih-ca  bands  of 
the  Ne-um,  and  tliat  they  will  not  allow  them  to  be  molested  by  any 
power  or  people.  State  or  person  whatever. 
Sottleroerii  upou  ARTICLE  III.  The  No-co-ni.  Ta-ue-i-we,  Ya-pa-rih-ca  and  Co-cho-tih- 
ca  bands  of  the  Nc-um  hereby  agree  that  they  will  abandon  their  wan- 
dering mode  of  life  and  come  in  from  the  Prairies  and  Staked  Plain, 
and  settle  upon  reserves  to  be  allotted  to  them  in  that  country  which, 
lies  north  of  the  Red  river  and  south  of  the  Canadian,  and  between  the 
ninety-eighth  and  one  hundredth  parallels  of  west  longitude,  and  which 
has  been  leased  for  them  and  other  tribes  of  red  men,  by  the  Confederate 
State3  from  the  Choctawa  and  Chickasaws,  and  in  which  the  Confederate 
States  have  offered  ail  the  Ne-um  homes. 


TREATY  WITH  COMANCIIES  OF   THE  PRAIRIES.  355 

Article  IV.  TheNo-co  ni,Ta-ne-i-weh,Ya-pa-rit-caand  Co-cho-tih-ca    Indians  allowed 
bands  of  the  Ne-um  shall  be  allowed  to  choose  their  own  homes,  in  any  t'' choose  iheir  own 
unoccupied  part  of  the  said  leased  country,  on  or  near  the  Canadian  or  False 
Washita  rivers,  or  near  the  Wich-i-ta  mountains,  as  may  best  suit  them, 
with  the  concurrence  and  assent  of  the  agent  of  the  Confederate  States 
for  the  reserve  Indians.     Each   reserve  shall  be  of  sufficient   extent  of     Extent  of  each 
arable  and  grazing   lauds,  amply  to  supply   their  needs  ;  and    the  bands  ^* -*"'''*• 
may  have  one  reserve  together,  or  four  separate   reserves,   as  they  may 
choose.     The  reserve  or  reserves  shall,  as  far  as  practicable,   be  defined  ,„f.^''^*'''^^''*'    ^^^ 
by  the  natural  boundaries  that  may   be  described  ;  and   so  far  as  this  is    ' 
not  practicable,  by  permanent  monuments  and   definite  courses  and  dis- 
tances; and  full  and  authentic  descriptions  of  the  reserves  shall  be  made 
out  and  reserved  by  tlie  Confederate  States. 

Article  V.  The  said  No-co-ni,  Ta-ne-i-weh,  Ya-pa-rih-ca  and  Co-cho-     Rixht  of  proper- 
tih-ca  bands  of  the  Ne-um  shall  have   the  right   to   possess,  occupy  and  'y  *"  reserve, 
use  the  reserve  or  reserves  allotted  to  them  as   long  as  grass  shall  grow 
or  water  run ;  and  the  reserves  shall   be  their  own   property,  like   their 
horses  and  cattle. 

Article  VI.  The  members  of  the  said  No-co-ni,  Ta-ne-i-weh,  Ya-pa- .  ..^''"  V°^  """^ 

1   /-»       1         -1  1         1       !•     1      XT  1     11  1  1         .    1        1       •        killing  Of  game. 

nh-ca  and  Co-cho-tih-ca  bands  or  the  INe-um  shall  have  the  ri^ht,  uuritifr 
all  time,  to  hunt  and  kill  game  in  all  the  unoccupied  part  of  said  leased 
country  without  let  or  molestation  from  any  quarter. 

Article  VII.  There  shall  be  perpetual  peace  and  brotherhood  between     P<'rpstuaJ  peao» 
theNo-coni,   Ta-ne-i-weh,    Ya-pa-rih-ca  and  Co-cho-tih-ca  bands  of  M.e  »"'^  **'^"''"^""^- 
Ne-um,  and  between  each  of  them  and  all  the  other  tribes  and  bands  of 
the  Ne-ura  and  of  the  Wich  i-ta,  C'a-do-ha-da-cho.s,   Hue  co,  An-a-dagh- 
co,  Ki-chai,  Ai-o-nai,  Ta-hua  ca-ro,  Ton-ca-we,   Shawnee   and   Delaware 
Indians,  occupying  reserves  in  the  said  leased   country,   and   any  other 
bands  of  the  Ne-um  that  may   hereafter  settle   in   said   leased  country, 
and    every  injury  or   act  of  hostility  which   either  has  heretofore  sus-   ii.jtirioa,  <lc ,  foT- 
tained  at  the  hands  of  the  other,  shall  be  forgiven  and  forgotten  forever,  given. 

Article  VIII.  The  said  several  tribe.''  and  bands  of  the  Ne-um,  and     Tribes  and  bvidi 
the  said  other  tribes  and  bands,  shall  henceforth   be   good   neighbors  to  '"^  ^''   "^^'■^  neigs 
each  other,  and  there  shall  be  free  and  friendly  intercourse  among  them.    ""^^  *■"  *"■"   "'  '^'' 
And  it  is  hereby  agreed  by  the  said  four  bauds  of  the  Ne-um,  that  the     ^.'gl't  "f  pmp- 
horscs,  cattle  and  other  stock  and   property  of  every  tribe  or  band,  and  (,g  aid  giocr^**' 
every  person  of  each,  is   his. or  its  own,  and   that  no  one  of  said   four 
tribes  or  bands,  nor  any   por.-?on   belonging  to  any  one  of  them,  shall  or 
will  hereafter  kill,  take   away  or  injure  any   such  property  of  another 
tribe  or  band,  or  of  any  member  of  any  other  tribe  or  band,  or  in  any 
other  way  do  them  any  harm. 

Article  IX.  There  shall  bo  perpetual  peace  and  brotherhood  between     P'-rpetn!!.!  poa^e 
each  and  all  of  the  No-co-ni,  Ta-ne-i-weh,  Ya-j.a-rih-ca  and  Clo-cho-tih-ca  *;;„*^J;';'„^;[-;7;; 
bands  of  t!ie  Xe-nm,  and  the  Cherokee,   Mus-ko-ki,   Seminole,  Choctaw  tribes  an.n.»\nda. 
and  Chickasaw  Nations ;  and  the  chiefs  and  head  men  of  each  of  the  said     Kotum  of  aiulea 
bands  shall  do  all  in  their  power  to  take  and  return  any  negroes,  horses  ?"■"!"''.>'• 
or  other  property  stolen  from  white  men  or  from  persons  belonging  to  the 
Chen. kee,  Mus-ko-ki,  Seminole,  Choctaw  or  Cliickasaw  Nations,  and   to     A  pi»  rehoD.sioo 
catch  and  give  up  any  person  among  them  v/ho  may  kill  or  steal  or  do*^"^  delivery  of. 
any  other  very  bad  thing.  """"S  -l""- 

Article  X.  It  is  distinctly  understood  by  the  said  four  bands  of  the  Hosilliticc  and 
Ne-um,  that  the  State  of  Texas  is  one  of  tlic  Coniederate  States,  and  ?u  "'''i'".-  ^°^'^*'«; 
joins  in  this  Ccmvention,  and  signs  it  when  the  Commissioner  signs  it,  State  of  Texag, 
and  is  bound  b^  it;  and  that  all  hostilities  and  enmities  bctT7ecn  it  and  forpottea  and  foi- 
them  are  now  ended,  and  arc  to  be  forgotten  and  forgiven  forever  on  E'^*""- 
both  sides. 

Abticle  XI.  None  of  the  braves  of  the  said  four  bands  of  the  Ne-um 


S56  TREATY  WITH  COMANCIIES  OF   THE  PRAIRIES. 

No  war  to  b^.  shall  go  upon  the  war-path,  after  they  are  settled  upon  reserves,  against 

waged  or  couDcil!ia,ny  enemy  whatever,  or  us   guides  to  any   war-party,  except  with    the 

el  ,  except  "•'*' |j„,j\v]e(lu;e  and  consent  of  the  assent,  nor  hold  any  councils  or  talks  with 
the  consent  ol  the  <^  ,  r     >•  •   i  i  •       i  i     i 

Agent.  any  white  men  or  otner  Indians   without   his   knowledge   and   consent. 

Who    may  live  And   the  Confederate  States  Avill   not  permit   improper   persons  to  live 

omuDg  tbeui.         among  them,  but  only  such  persons  as  are  employed  by  the  Confederate 

States  and  traders  licensed  by  them,  who  shall   sell  to  the    Indians  and 

buy  from  thein  at  i'air  prices,  under  such  regulations  as   the  President 

shall  make. 

The  sto,.Hng  of     ARTICLE  XIT.  To  steal  a  horse  or  any  other  article  of  property  from 

property  to  b.?  con- another  Indian  or  white  man,  shall  hereafter  be  considered   disgraceful, 

u^fre        '-^srace- jjijj  ^Ijg  pj^jgj'_^  ^^^jjj  (ii^(.,mutpnance  it  by   every  means  in   their  power. 

For  if  they  should  not,  there  never  could  bo  any  permanent  peace. 
White  prison' rs      Articlk  XII 1.   If  there  should  be  among  the  No-co-nis,  Ta-ne-i-wc3, 
tobe  dehvorad  up.  Yg^.j^jj  j.jyj.^..^g  y,.  Q^j^f^y  j^j|j^,j^g^   ^jj^   white  prisoner  or  prisoners,   it   is 

agreed  that  they  shall  be  delivered  up  when  they  come  in  to  settle;  and 
that  if  they  can  peaceably  procure  p'  ssession  of  any  that  may  be  held 
by  any  other  band  of  the  Ne-um.  or  by   the   C-'ai-a-was,  or  any  other 
The  C.  S.  to  pay  Prairie  tribe,  the}'  will  also  bring  them  in,  to  be  restored  to  liberty.      And 
euitable  rewards,    the  Confederate  States  agree  that  it  any  prisoners  are  so  brought  in  and 
restored,    suitable   rewnrds    shall  bo  given  the  band   that  brings  them 
in,  for  doing  so.     But  this  article   creates   no  obligation  to  deliver  up 
IMcxicans  who  may  be  prisoners. 
Comancbes  held      AuTicLE  XIV.  The  Confederate  S^tates  also  agree,   that  if  there  be 
:js  prisoners  to  bca,^y  person  or  persons  held  as  prisoners  in  Texas  or  any  other  of  the  Con- 
restored    to   ibei'r  *'^^^''^*^  ^^'^*^^' ^^'^*  in  the  Cherokee,   Mus-ko-ki,   Seminole,  Choctaw  or 
bandg.  Chickasaw  Nation  who  are  of  the  Ne-um  or  Coraauches,  that  all  such 

persons   shall  be  set  free  and   delivred  up  and  restored  to  their  band 
without  charge  or  expense  to  the  Ne-um. 
The  C.    S.  ask      ARTICLE  XV.    The    Confederate  States  ask   nothing  of  the  bands  of 
fiotbmg  of  the  Co- t}jg  Ne-um,  except  that  they   will  settle   upon   their  reserves,  become 

manches   except  .j..  *        .  ..i  i  ii-        •  j         •. 

that  they  will  geV  ^'^"^^'*''^'^^^^'  pi"*^P^*re  to  support  themselves,  and  live  in  peace  and  quiet- 
«!c  upon  the  r  re- ness ;  and  in  order  to  encourage  and  assist  them  in  their  endeavors  to 
verves,  live  j.c^ve  bccomc  able  to  support  themselves,  the  Confederate  States  agree  to  fur- 

agreo    to"  furni'sb  "'^'^  *^^^^"^  ^''^*'''^^"''' *^^'  P^^^'^^^"^  ^^  *'''®  sauic  manner  as  they  are  now 
them  with  ^ation^,  doing  for  the  Wicuitas  and  other  tribes  and  bands  settled  upon  reserves, 
stocks,   agricultu- to  include  also  sugar  and  coffee,  salt,  .soap  and  vinegar,  for  such  time  as 
ra      ""1' '^'"®°''^' may  be  necessary  to  enable  them  to  feed   themselves.     They  agree  to 
furnish  each  of  the  said  bands  of  the  Ne-um  with  twenty  cows  and  calves 
for  every  fifty  persons  contained  in  the  same,  and  one  bull  for  every  forty 
cows  and  calves;  and  also  other  stock  at  the  discretion    of  the   snpeiin- 
tendent  when  they  desire  to  have  the  same;  all  of  which  animals  shall  be 
distributed  by  the  agent  to  such  persons  and  families  as  shall,  in  his  jmlg- 
nient,  be  most  likely  to  take  care  of  them.     And  they  also  agree  to  furnish 
for  the  lite  of  the  said  bands  of  the  Ne-um,  such  number  of  draugl>to.\en, 
wagons,  carts,  ploughs,  sliovel",  hoes,   picka.xes,  spades,  scythes,  rakes, 
axes  and  seeds  as  may  be  neccssnry   to   enable  them  to  farm   su<;ces.sfully. 
They  also  ngiee  to  furnish  the  said   bands  of  the  Ne-uin,   annually,  with 
such  quantities  as  the   agent  shall  estimate  for,   and    the  superintendent 
require,  of  all  such  articles  as  are  mentioned  and  contained  in  schedule  here- 
unto annexed,  marked  A,  to  be  is'^ued  and  delivered  to  them  by  the  agent. 
Article  XVI.  The  Confederate  States  will  maintain  one  agency  for  the 
Agency  for  the  tribes  and  bands  now  settled  upon  the  reserves  in  the  said  leasetl  country, 
tribes  and  bauds,  ^nd  for  the  said  four  bands  and  all  the  other  bands  of  the  Ne-um  that  may 
settle  therein  ;  which  agency  shall  be  kept  either  at  the  present  agency 
house  or  some  other  convenient   location,  at   which   the  agent   shall  con- 
tinually reside ;  and  they  do  promise  the  said  four  bands  and  all  the  other 


TREATY  WITH  COMANCHES  OF  THE  PRAIRIES.  357 

bands  of  the  Ne-um  that  may  settle  in  reserves,  that  they  .sh  vll  n^vor  h-^i 
abandoned  by  the  agent,  and  that  he  shall  not  be  often  nor  for  any  long 
time  away  from  his  agency. 

Article  XVil.  The  Confederate  States  will  employ  and  pay  one  inter-     Inter  p  r  e  t  e  r, 
preter  for  all  the  bands  of  the  Ne-um  settled  upon   tlie  reserves;  and  an ''^af •'«'"•''»' **^'"iker 
additional  blacksmith,  another  striker,  and  another  wagon -maker,  shall  be  *°    ^agoa  ma 
employed  for  the  bands  of  the  Neum  alone,  when  the  said  four  bands  of 
the  Neuin    shall    have   come   in    and  settle  upon    reserves.     The   inter- 
preter, blacksmith,  striker  and  wagon-maker  shall  reside  with  some  one  of 
the  bands.     The  Confederate  States  will  also  furnish,  from  time  to  time,     Tools  and  snp- 
such  tools  and  such  supplies  of  iron,  steel  and  wood  as  may  be  n<-eded  forP''^s  of  iron,  steel 
the  work  of  the  said  bands;  and  will  also  furnish  them  with  "i^'bcines  ""^j^^'^"! "  ^         . 
and  medical  advice,  at  the  agency,  where  a  physician  shall   be  employed  medical  services, 
to  reside,  for  their  benefit  exclusively.     And  they  will  also  employ,  for  five 
years  and  as  much  longer  as  the  President  shall  please,  a  farmer  for  each     Farmer  for  each 
reserve,  to  instruct  them  in  cultivating  the  soil,  so  that  they  may  soon  bereserTe. 
able  to  feed  themselves ;  and  will  erect  such  a  number  of  horse-mills,  to     Oribt  mills, 
grind  their  corn,  as  the  superintendent  shall   consider  to   be  necessary,  in 
order  to  accommodate  all. 

Aiirrci.K  XVIII.    The  Confederate  States  also  agree  to  erect  such  build-     Ere  ct  i  o  n  of 
ings  for  the  mills,  and  the  blacksmith   shops,  and   houses  for  tTie  farmers,  ^'^'''^'"K*- 
interpreters  and  physicians  as  have  been  erected  among  the  other  Indian 
tribes,  and  also  to  assist  the  said  Indians  in  building  houses  for  themselves, 
and  in  digging  wells  for  water,  and  opening  their  lands. 

Ainici.E  XIX.  The  said  four  bands  agree  to  remain  upon  their  reserves.     Bands  agr<<e  to 
when  ihey  shall  have  settled  thereon,  and  not,  at  any  time,  to  leave  them '■®™8'"  "P*^"*  ^^^^^ 
in  order  to  make  crops  elsewhere.     And,  if  they  should  leave  them,  the '^^*''^**' 
Confederate  States  shall  not  be  bound   any  longer  to  feed  them  or  make 
thenj  presents,  or  give  them  any  assitstancc. 

AuTicLK  XX.  The  Confederate  States  also  agree  to  furnish  each  warrior     Rifle  and  ammu- 
of  the  said   four  bands,  who  has  not  a  gun,  with   a   tbnt-lock  ritle  and  niti>i»  to  be  fum- 
ammunition,  which  he  agrees  never  to  sell  or  give  away,  and  the  Confede- '*^^*^*"*'''^'^*''"*"'' 
rate  States  will  punish  any  trader  or  other  white  inan  who  may  purchase 
one  from  them. 

AiiTici.E  XXT.  The  Confederate  States  will  invite  all  the  other  bands  Promises  made 
of  the  Neutn  or  Comanches  to  abandon  their  wandering  life  and  settle  ^y  ^^e  C.  S.  to  the 
within  the  leased  country  aforesaid  ;  and  do   promise  them,  in  that  case,  P/""*"''.^,''^'''^.?"!* 

,1  .  ,-'  •     1         1  •      ,  ,  -1  ,1         .'thisy  settle   within 

tiie  same  protection  and  care  as  is  hereby  promised  to  the  tribes  and  bands  the  leased  country 

now  residing  therein  ;  and  that  there  shall  be  allotted  to  them  reserves  of  and  atone  for 

good  land,  of  sufficient  extent,  to  be  held  and  owned  by  them  forever ;  and  """^^^  committed. 

that  all  the  other  promises  made  by  these  articles,  shall  be  considered  as 

made  to  them  also,  as  well   as  to  the   tribes  and   bands  now  residing  on 

reserves;  and  that  the  same  presents  shall  be  made  to  them,  and  assistance 

given  them  in  all  iespe;ts;  and  the  same  things,  in  all  respects,  are  also 

hereby  offered  the  Cai-a-was  and  agieed  i*)  be  given  them,  if  they  will 

settle  in  said  country,  atone  for  the  murders  and  robberies  they  have  lately 

committed,  and  .show  a  re.solution  to  lead  an  honest  life ;  to  which  end  the 

Confederate  States  send   the  Cai-a-was,  with   this   talk,  the  wampum  of 

peace  and  the  bullet  of  war,  for  them  to  take  their  choice,  now  and  for  all 

time  to  come. 

Article  XXII.  The  Confederate  States  hereby  guarantee  to  the  mem-     indemnitv   for 
bers  of  the  aforesaid  four  bands  full  indemnity  for  any  horses  or  any  other  horses  or  o  th  er 
property  that  may  be  killed  or  stolen   from   them  by  any  citizen  of  the  P''*'P®''^y  '""'^'^  °^ 
Confederate  States  or  by  any  other  Indians  :  Provided,  That  the  property,*  l?roviso 
if  stolen,  cannot  be  recovered  and    restored,  and  that  sufficient  j)roof  is 
pw)  luced,  to  satisfy  the  agent  that  it  was  killed  or  stolen  within  the  limits 
of  the  Confederate  States. 


S58  TREATY  WITH  COMANCHES  OF    THE  PRAIRIES. 

Payment  to  be  ARTICLE  XXIII.  The  Seminoles  Laving  asked  the  Confederate  States  to 
made  to  the  Seici-  ^  theni  for  certain  horses  stolen  from  them  bv  some  of  the  Ne-um,  two 
nolos   for   horse  sr   J  i      i  •  j       i       tt   ■      i    o  'i  i  <•      •/•    i 

stolen,  accordi  n "  years  ago,  and  which   the   bnited  btates  were   bound   to   pay  tor  it  they 

to  the   annexed  could  not  be  recovered,  the  Confederate  States  have  accordingly  agreed  to 
Bbhedule.  ^^  g^^  ^^  ^|jg  ^j^-^g  ^^f  making  the  treaty  lately  with   the  Seminoles ;  and 

they   do   hereby  agree,    in  order  that  the  Neum  may  not  hereafter  be 
troubled  about  the  horses  so  taken,  to  pay  for  them  the  sums,  and  to  the 
persons,  mentioned  in  the  schedule  thereof  hereunto  annexed  ;  but    as  the 
Seminoles  alleg*^  that  one   or  more  of  their  horses  is  now  here,  in   the 
possession  of  some  of  the  No-co-ni,  Ta-ne-i-weh,  Ya-pa-rih-ca  or  Co-cho- 
tih-ca  band  of  Ne-um,  it  is  agreed  that,  if  it  be  so,  such  horse  or  liorses 
shall  be  given  up,  and  the  ])erson  in   possession  shall  be  compensated  for 
the  loss  of  the  same.     To  this  end,  the  Chiefs  will  let  the  Seminoles  see 
all  their  liorses;  and,  after  this  time,  it  is  distinctly  understood   that  no 
one  can  get  any  right  to  property  by  stealing  it,  and  that  no  compensation 
will  ever  again  be  made   to   any  one  who  has   given   up  stolen  property. 
And  the  Confederate  States  do  hereby  agree  with  the  several  persons  from 
whom  horses  were  stolen,  and  the   heirs  of  such  of  th'^m   as  are  deceased, 
and  whose  nanies  are  found  in  the  said  schedule  B,  hereunto 'annexed,  that 
they  will  pay,  immediately  upon  the  ratification  of   this  treaty,  through 
the  agent  for  the  Seminoles,  the  amount  of  loss  sustained  by  each  respec- 
tively, according  to  the  said  schedule,  except  for  such  hor.ses  as  may  be 
returned  as  above  provided  for  and  noted  as  returned  on  the  said  schedule. 
Settlement  of      Articlk  XXIV.  If  any  difficulty  should  hereafter  arise  between  any  of 
difficulties  between  ^}-,g  g.^jj  j-^^jj.  \)^■^■^^\g^  or  any  of  their  members,  or  between  any  of  them  and 
count  of  injuries '"^"y  ff  the   Other   tHbes  or  bands  settled  on  reserves,  in  consequence  of 
to  persona  or  prop  the  killing  of  any  one,  of  the  stealing  or  killing  of  horses,  cattle  or  other 
*'"'y-  stock,  or  of  injury  in  any  other  way  to  })erson  or  property,  the  same  shall 

be  submitted  to  the  agent  of  the  Confederate  States,  who  shall  settle  and 
decide  the  same  equitably  and  justly,  to  which  settlement  all  parties  agree 
to  subaiit,  and  such  atonement  and  satisfaction  shall  be  made  as  he  shall 
direct. 
No   private  re-      ARTICLE  XXV.  In  order  that  the  friendship  which  now  exists  between 
Tenge   or  retalia- j|^g  gjjjj  ggygrai  tribes   and  bands  of  Indians,  now  or  hereafter  settled  in 
for  injuries.  the  said  leased  country,  and  the  Choctaws  and  Chickasaws  and  the  people 

of  the  Confederate  States,   may  not  be  interrupted   by  the  conduct  of 
individuals,  it  is  hereby  agreed,  that  if  any  white  man  or  any  Choctaw  or 
Chickasaw  injures  an  Indian  of  any  one  of  said  tribes  and  bands,  or  if 
any  one  them  injuries  a  white  man  or  a  Choctaw  or  ChickavSaw,  no  private 
revenge  or  retaliation  shall  take  place,  nor  shall  the  Choctaws  or  Chicka- 
saws try  tlie  person  who  does  the  wrong,  and  punish,  him  in  their  courts, 
Offenders  to  be  but  he  shall  be  tried  and  punished  by  the  Confederate  States;  and  the  life 
by\he'c  g""''"*  ^   of  every  person  belonging  to  said  tribes  and  bands  shall  be  of  the  same 
Punishment  for  value  as  the  life  of  a  white  man  ;  and  any  Indian  or  white  man  who  kills 
killing  wit  Lou  tone  of  them  without  cause,  shall  be  hung  by  the  neck  until  he  is  dead. 
"^"^P^e  d      Af'^TiCLE  XXVI.    In  case  either  of  the  bands  of  the  Ne-um,  with  whom 

friendship  between  thi''' <^<3"vention  is  made,  should  not  consent  to  come  in  and  settle,  and 
tbe  0.  8.  and  such  should  prefer  to  continue  to  live  as  they  have  heretofore,  then  there  shall 
of  the  b-i'ids  as  ^^jj]  j^^  peace  and  friendship  between  them  and  the  people  of  the  Confede- 
they  have  herofo-  ^"'^^^  States,  and  the  Cherokees,  Miis-ko-kis,  Seminoles,  Choctaws  and 
fore.  Chickasaws,  and   all   the   tribes  and   bands  settled   upon  reserves  in  the 

country  aforesaid  ;  and  all  of  the  same  shall  travel,  without  injury  or 
molestation,  through  the  hunting  grounds  of  the  Ne-um,  and  shall  be 
treated  with  kindness  and  friendship. 
Texan  troops  to  Akticle  XXVII.  It  is  further  hereby  agreed  by  the  Confederate  States, 
e  wit  rimn.  ^i^^^^  .^^  ^^^  Texan  troops  now  within  the  limits  of  said  leased  country 
shall  be  withdrawn  across  Red  river,  and  that  no  Texan  troops  shall  here- 


TREATY  WITH  COMANCHES  OF  THE  PRAIRIES.   '  S59 

after  be  stationed  in  forts  or  garrisons  in  the  said  countiy,  er  be  sent  into 
the  same,  except  in  the  serrice  of  the  Confederate  States  and  when  on  the 
war-path  against  the  Cai-a-was  or  other  hostile  Indians. 

Arucle  XXVIII.    It  is  further  agreed  by  the  chiefs  and  head  men  of    Other  banda  of 
the  bands  of  the  Ne-nm  who  have  signed  this  convention,  that  upon  their  I°'^»«'°'' /^  ^^  V^y 
return  to  their  bands  they  will  tske  tins  talk  and   the   wampum  of  peace  ami  settle  upon  j-«>- 
from  the  Confederate  States  and  from   the   Mus-ko-kis,  Seminoles,  Clioc- serveeand  to  loake 
taws  and  Chickasaws,  to  the  bands  of  the  Ne-um,  and  tell  them  what  thev  P*"*^*^- 
have  seen  and  heard,  and  persuade  them  also,  if  they  can,  to  come  in  anil 
settle  upon  reserves  in  the  leased  country,  and  at  any  rate  to   make  peace 
by  the  time  when  the  leaves  fall  before  the  next  snows. 

Article  XXIX.  It  is  agreed  by  the  panics,  that  the  making  of  this  .  Tri^'uuly  relft- 
Convention  shall  in  no  wise  interrupt  the  friendly  relations  between  the  5je"^^J"'^'*^®f,'^/jf* 
Ne-um  and  the  people  of  Mexico;  and  that  the  Confederate  vStates  desire  people  r.f  Mesuo 
that  perfect,  peace  should  exist  between  the  Xe-um  and   all  the   Mexicans.  notLjterruf.tHil  6y 

AuTicLE  XXX.    This  convention  shall  be  obli-ratorv  on  the  bands  whose  *''"m-v'^'**?u-    r. 

chiets  and  head  men  sign  the  same  trom  tiie  day  of  its  date,  and  on  the  vfiution  to  fco'ob- 

Confederate  Statt^s  from  and  after  its  ratification  by  the  proper  authority,  liga'^o- 

In  perpetual  testimony  whereof^  the  said  Albert  Pike,  as  Commissioner, 

with  plenary  powers,  of  the  Confederate  States  of  America  to 

the    Indian    nations    and  tribes  west  of  Arkansas,  for  and   on 

behalf  of  the  said  Confederate  States,  doth  now  hereunto  set  his 

liand   and  aflix  the  seal  of  his  arms;    and   Wi-na-hi-hi  or  the 

Drinking  Eagle,  Chief  of  the  No-co-ni  band  of  the  Ne-um,  and 

the   undersigned   head    men  of  the  same,  for   and    in  behalf  of 

that  band  ;  and  the  same  Wi-na-hi  wa.  Chief  of  the  No-co-nis, 

by  special  authorization  and  direction  of  Po-ho-wi-ti-quas-so.  or 

Iron  Shirt,  the  Chief  of  the  Ta-ne-i  weh  band  of  the  Ne-um,  who 

,  ■ — ' —  N  has  been  present  but  is  now  absent   mourninfr  for  a  relative 

•]  SEAL,  t  deceased,   with   Ke-e-natoh  pa  a   head  man  of  the  Ta-ne-i-weh 

'  — . —  '  band,  for  and  on   behalf  of  the  same;    and  Te-hi-a-quah,  Chief 

of  the  Ya-pa-rih-ca  band  of  the  Ne-um,  with    the   undersigned 

head  men  of  the  same,  for  and  on  behalf  of  the  Ya-rih-ca  band  ; 

and  Ma-a-we,   Chief  of  the   Co-cho-tih-ca  band  of  the  Ne-um, 

with  tlie  undersigned  head  men  of  the  same,  for  and  on  behalf 

of  the  Co-cho-tih-ca  band,  do  now  hereunto  respectively  set  their 

hands  and  affix  their  seals. 

Done  at  the  Witchita  Agency  aforesaid,  on  the  twelfth  day  of 
August,  in  the  year  of  our  Lord,  one  thousand  eight  hundred  and 
sixty-one. 

ALBERT  PIKE, 
Commissioner  of  the  Confederate  Slates  to  the  Indian  Nations  and  tribes 
west  of  Arkansas. 

QUI-NA-HI-WI,  TE-ni-A-Q,UAH, 

Prtnctyal  Chief  of  the  NoeoniBand.  Chief  of  the  Ya-pa-rih-ca  Baud. 

O-TE,  BIS-tE-VA-NA, 

Sub-Chief  of  the  JVocoiijs.  Principal  Chirfo/the  Vu-pa-rih-ca  Bam-l. 

KlvPA-HE-WA,  PE-HAl-E-CHI, 

SHh-C'iief  of  the  Kocoin§.  Chief  of  the   Ya-pa-rihca.  Band. 

CHO-0-SHL  MA-A-WE, 

Retired  Chief  of  th'-  Xoconit.  Principal  C^hi'f  nf  the  Co-cho-tih-ea  Band. 

PO-ilO-W  Llt-QU  AS-SO,  CllO-Ct  )-K  A , 

Principal  Chief  fif  Ta-ne-i-weh  Band,  by         Chief  of  the  Co-rho-tih-ca  Band. 

QUI-N  A-HI-WI,  TE-CO-WE-Wm-PA, 

Principal  Chief  of  the  Xoconi  Band.  Chief  of  the  Co-cho-tih-ca  Band. 

KE-E-NA-TOil-PA, 

Sub-Chief  of  the  Te-ne-wi  Bund. 


360 


TREATY  WITH  COMANCHES  OF  THE  PRAIRIES. 


Siijned,  sealed  and  copies  exchanged  in  presence  of  us. 

CHILLV  McINTOSH, 

israb:l  g.  vore. 

w.-  warren  johnson, 

W.  L.  PIKE. 


WNf.  QUESENBURY, 

Secretary  to  the  Comniiseion^ 

E.  RECTOR, 

Superintendent  of  Indian    Affairs  for  the 
Confederate  Slates. 

M.  LUPER, 

Agent  of  th''  Wichita  and  offi'iatcd  hands 
of  the  Confedernie  Sfalen. 

MOTY  KINNATRI), 

Principal  Chief  nf  the  Mud  kv  kit. 

JOHN  JUMPER, 

Ptiiicipal  Chief  of  the  Seminolea. 

T«  the  Indian  names  are  subjoined  marks. 


JESSE  CUISHOLM, 
H.  P.  JONES, 
CHARLliS  B.  JOHNSON, 
J.  J.  STURM, 
WM.  SHIRLEY, 
WM.  H.  FAULKNER. 


Schedule  A. 


Schedule  B, 


SCHEDULE  A. 


Of  articles  of  mercliandise,  &c.,  agreed  to  be  furnished  annually,  under 
the  foregoing  Convention,  to  the  Comanchos,  AVichita,  Huecos,  Cado, 
Hadachos,  Anadaghcos,  Tahuacaros,  Kichais,  Aionais,  Sliawnees  and  Dela- 
wares  living  in  reserves  in  the  country  leased  from  the  Choctaws  and 
Chickasaws. 

Blue  drilling,  warm  coats,  calico,  plaid  check,  regatta  cotton  shirts, 
woolen  shirts,  beads,  camp  kettles,  knives  and  forks,  nails,  augers,  chopping 
axes,  locks,  hats,  white  drilling,  l>ro\vn  domestic,  thjead,  yarn  and  twine, 
ribbons,  assorted  colors,  combs,  butcher  knives,  large  iron-spoons,  hatchet* 
and  hammers,  gimlets,  fish-hooks,  red,  '^hite  and  blue  blankets,  red  and 
blue  list  cloth,  shawls  and  handkerchiefs,  shoes  for  men  and  women,  tin- 
cups  and  buckets,  coffee-pots  and  dippers,  needles,  scissors  and  shears, 
ammunition,  including  powder,  lead,  flints  and  percussion  caps,  tobacco. 

This  is  schedule  A,  of  the  treaty  with  the  four  bands  of  the  Ne-um,  to 
^•hich  it  is  annexed  as  part  thereof. 

ALBERT  PIKE,   Commissioner, 


SCHEDULE  B. 


0/  the  citizens  of  the  Seminole  Nation  who  are  to  he  paid  ■under  the 
2ocZ  article  of  the  foregohuj  treaty  for  the  horses  stolen  from  them  hy 
the  Comanches  and  other  tribes  of  Indians;  and  of  the  amounts  to  be 
paid  for  horses  stolen  by  maraudin(j  bands  of  the  Prairie  Indians,  in 
November,  1859,  and  November,  1860. 


Names  of  claimants. 


Pas-co-fa.. 


Jenny. 


Ainount  carried  forward,., 


Number  of 
horses 
stolen. 


Value  of  horses  stolon. 


2  at  $75  each. 


60 

ro 

60 
6(» 
40 


Amounts  to  be  paid. 


$150 
150 

70,  $370 
60 
50 
40 
80,    230 


TKEATY  WITH  COMANCHES  OF  THE  PRAIRIES. 


361 


SCHEDULE  B.— Continued. 


Schedule  B. 


Names  of  claimants. 

Number  of 
h  0  r  8  es 
stolen. 

Value  of  hor 

ses  stolen. 

Amounts  to  bo  paid. 

Amount  brought  forward,.. 
O-i-cus  Ilacho 

9 

1 

6 

2 

3 
1 
1 
2 

3 

2 

1 
2 
2 

«) 

o 

2 
1 

6 

8 

1 
5 

3 

2 
2 
4 

1 

1 
2 

1  at 

1  " 

1 
1 

2  " 
2  " 

1 
1 

1 

1   " 
1  " 

1  " 

2  " 
2  " 

2  at 

1   " 
Mare  an 
1  at 

1  " 

2  " 

1   " 
1  " 

^  " 

1  " 
1  " 

1  " 
1  " 

40  each. 
60     - 

50  e;ieb. 
20 

«0 

40 

30 

1 6  eaoh. 

CO     " 

60  each. 
CO 
40 
d  colt. 
60 
40 
40 
40 
50 
40 
20 
30 
35 
40 
25 

20  each. 
30     " 
25     " 
20     " 
10     " 

60 

60 

35 

25 

20 

60 

45 

35 

GO 

50 

60 

30 

40  ca. 

35 

20 

45 
30 

$600 
$65 

Cho  l;i  Fie  si-co 

60,    115 
50,      50 

Fog  Ilut-chi 

75 

35 
80 
100,    290 
60 

Ki-tis-ti  a-ni 

35,      £5 

100 

20,    120 

75 

Ka-pit  cha  Tustinuc-ochi... 

60 

40,    100 

30 

Fic-lum-mi....; 

32,      62 
120 

Halpa-ta  Fio-si  CO 

75 
IcO 

Mary 

ino 

50 

"JO 
40 

Ni-ha  Fie-si-co 

80 
50 

40 

Nalth-ka-put  Tug  ti-nuk-ki.. 
Sa-ho-tah-ki 

20       60 

40,    170 
90 

75 
20 

10,    195 
45 

Foa-hut-chi  Co-cho-Di 

Sup-pa-ho-bo-yi 

190 

Kat-cha  Fic-si-co 

130 

Oc-tai-ah-chi 

110 

SO 
80 

Pa-ho8  Hacho 

35 

20,    135 
45 

Pa-lut-ho-ho-eyi 

60 

Tu8-ti-nuk  Chap-co 

45 

30,      75 

$3,487. 

Received  of  Albert  Pike.  Commissioner  of  the   Confederate  States  to 
the  Indian  Nations  west  of  Arkansas,  the  sum  of  forty  dollars  in  full   pay- 


362  TREATY  WITH  COMANCHES  OF  THE  PRAIRIES. 

ment  of  the  within  mentioned  amount  of  forty  dollars  agreed  to  be  paid 
to  me. 

Witness : 

W.  WARREN  JOHNSON. 

FOS-HUT-CHI  HACHO, 

This  and  the  two  preceding  folios  are  Scliedule  B,  of  the  treaty  with 
the  four  bands  of  the  Ne-um,  to  which  they  are  annexed  as  a  part  thereof. 

ALBERT  PIKE,  Commissioner. 


Dec.  21,  1861.  RATIFICATION. 

EatificatioD  by      Resolved,  (two  thirds  of  the  Congress  concurring,)  That  the   Congress 
Congress  of  the  of  tij^  Confederate  States  of  America  do  advise  and  consent  to  the  ratifi- 
oregoing  trea  y.    gjj(.JQ„  ^^f  jj-,^,  articles  of  a  Convention   made  by   Albert  Pike,  Commis- 
sioner  of  the  Confederate  States  to  the  Indian  Nations  west  of  Arkansas, 
in  behalf  of  the   Confederate  States,  of  the  one  part,  and  the  No-co-ni, 
Ta-nie-we,  Co-cho-tih-ca  and  Ya-pa-rich-ca  J3ands  of  the  Ne-um  or  Ca- 
raanciies  of  the  Prairies  and  Staked  Plain,  by  their  Chiefs  and  head  men, 
who  signed  the  same  articles,  of  the  other  part,  concluded  at  the  Wichita 
Agency,   near  the   False   Washita  river,  in  the  country   leased  from  the 
Choctaws  and  Chickasaws,  on  the  twelfth  day  of  August,  in   the  year  of 
our  Lord,  one  thousand  eight  hundred   and  sixty-one,  with  the  following 
amendments,  to-wit : 
Ascetdments.  1st.  In  the  last  paragraph  of  article  thwtccn  .wh.are  occur  the  words, 

"  but  this  article  creates   no  obligation   to  deliver  up  Mexicans  who  may 
be  prisoners."      Strike  out  all  after  the  words  "up"  and  insert  in  lieu 
thereof  the  following  words:  other  prisoners  than  inhabitants  of  the  Con- 
federate States  or  Territories  thereof.  . 
2d.  Strike  out  all  of  article  twenty. 
3d.  Strike  out  all  of  article  twenty-seven. 


TREATY  WITH   THE  OSAGES, 


OCTOBER  2,  1861. 


ARTICLES  OF  A  CONVENTION 

Entered  into  and  concluded  at  Park  Hill,  in  the  Cherokee  Nation,  on  the  October  2,  1861. 
second  day  of  October,  in  the  year  of  our  Lord,  one  thousand  eight 
hundred  and  sixty-one,  between  the  Confederate  States  of  America,  by 
Albert  Pike,  their  Conwiissioner,  with  full  poivcrs,  appointed  by  the 
President,  by  virtue  of  an  Act  of  the  Congress  in  that  behalf  of  the  one 
part,  and  the  Great  Osage  Tribe  of  Indians,  by  its  Chiefs  and  Headmen, 
who  have  signed  these  articles,  of  the  other  part. 

Article  I.  The  Great   Osajje   Tribe  of  Indians   and   all   the   persons    The  Osage  under 
thereof,  do  herjbv  place  themselves  under  the  laws  and  protection  of  the  t^"   protection  of 
Confederate  States  of  America,  in  peace  and  war,  forever,  and  agree  to  be 
true  and  loyal  to  t::em  under  all  circumstances. 

Article  II.  The  Confederate  States  of  America  do  hereby  promise  and     The  C.  S.  as- 
firmly  engage  themselves  to  be,  during  all  lime,  the  fiiends  and  protectors  suuio  tl»o  protect- 
of  the  Great  Osage  Tribe  of  Indians,  and   to  defend  and  secure  them  in  o^*^'^* 
the  enjoyment  of  all   their  rights;  and   that  they  will   not  allow   them 
henceforward  to  be  in   any  wise  troubled  or  molested  by  any  power  or 
people,  State  or  person  whatever. 

Article  III.  The  Confederate  State>  of  America  do  hereby  assure  and  The  Osages  to 
guarantee  to  the  Great  and  Little  Osage  Tribes  of  Indians  the  exclusive  hiivo  the  posses- 
jind  undisturbed  possession,  use  and  occupancy,  during  all  time,  as  lonsj  as  ^'"°  f°"  "®^  °  ^ 'l'^ 

^  1         *'  '  ~  ^  ~        couDtTv  socurod  to 

grass  shall  grow  and  water  run,  of  the  country  heretofore  secured  to  them  them  by  the  treatj 
by  treaty  with  the  Unitod   States  of  America,  and  which   is  described  in  with  the  U.  S. 
the  treaty  of  the  second  day  of  June,  in  the  year  of  our  Lord,  one  thou- 
sand eight  hundred  and  twenty-five,  as  being  thus  bounded,  that  is  to  say : 
Beginning  at  a  point  due  east  of  White   Hair's  Village,  £nd  twenty-five     Boundaries, 
miles  west  of  the  western  boundary  line  of  the  State  of  Missouri,  fronting 
on  a  fiorth  and  south  line,  so  as  to  leave  ten  niiles  north  and  forty  miles 
eouth  of  the  point  of  said  beginning,  and  extending  west,  with  the  width 
of  fifty  miles,  to  the  western  boundary  of  the  lands  ceded  and  relinquished 
by  said  nations  by  that  treaty,  which  lands  shall  not  be  sold  or  ceded  by 
the  said  tribes,  nor  shall  any  part  thereof,  to  any  nation  or  people,  except 
to  the  Confederate  States,  or  to  any  individuals  whatever;  and  the  same 
shall  vest  in  the  Confederate  States,  iu  case  the  said  tribes  become  extinct 
or  abandon  the  same. 


364  TREATY  WITH  THE  OSAGES. 

Reservation  o  f     ARTICLE  IV.  Tlie  right  is  hereby  reserved  to  the  Confederate  States  to 

lands   for.  Indian  gg]p(.f  jn  any  unoccupied  part  of  said   country,  a  tract  of  two  sections  of 

land,  as  a  reserve  and  site  for   an   agency  for  the  said  tribes,  which  shall 

revert  to  the  said   tribes  whenever  it  shall   cease  to  be  occupied  for  an 

agency. 

Establishment  of      ARTICLE  V.  The  Confederate  States  shall  have  the  right  to  establish  in 

forts  and  military  ^)jg  g^^j^  country  such  forts  and  military  posts  as  they  may  deem  necessary, 

and  shall  have  the  right  to  select  for  each  such  foi't  or  post  a  tract  of  land 

Proviso.  one  mile  square,  on  which  such  i'ort  or  post  shall  be  established:  Provided, 

That  if  any  person  or  persons   have  any   improvements  on  any  tract  so 

selected,  the  value  of  such  improvements  shall  be  paid  by  the  Government 

to  the  owner  thereof. 

Persons   not  to      ARTICLE  VI.  No  person  whatever,  shall  be  permitted  to  settle  or  reside 

agency*  re^e'r  v'e^  "poi  the  agency  reserve,  when  it  shall  have  been  selected,  except  by  the 

nor  upon  any  re- P^miission  of  the  agent;  nor  upon  any  reserve  for  a  fort  or  military  post, 

serve  for  forts,  Ac.  except  by  the  permission  of  the  commanding  officer;  and   every  such 

reserve,  for  the  agency  or  the  forts  or  military  posts,  shall  be  within  the 

sole  and  exclusive  jurisdiction  of  the  Confederate  States. 

Free  navigation      ARTICLE  VII.  The  Confederate  States  shall  forever  have  the  right  of 

of  water  courses,    j?,.^^  navigation  of   all   navigable  streams   and   water  course^,  within   or 

running  through  the  country  hereby  assured  and  guaranteed  to  said  tribes. 

The  Osage  coun-      Artk^le    VIII.    The    Confederate    States    hereby   guarantee    that   the 

ry  not  to  be  in-  c.oi,nt,.y  hereby  secured  to  said  Great  and  Little  Osajxe  Tribes  shall  never 

eluded  v.'ithin   the,      .      r    i    ,       :  •  .        i       ,  ,        ,.  ^  rr.       •  in  <• 

bounds  of   a  n  y  '^<3  included  Within  the  bounds  ot  any  State  or  lerntory,  nor  shall  any  or 
State  or  Territory,  the  laws  of  any  State  or  Territory  ever  be  extended   over,  or  put  in  tT)rce 
or  to  be  under  the  ^yj^l^jf,   3^^  pj^j.f.  q^'  ^}jg  g.^j^j  country;  and  the  President  of  the  Confede- 
Prote  c't  i  o  n '"'^''^  States  will  cause  the  said  tribes  to  be  protected  against  all  molestation 
ajain  s  t  o  t  h  e  r  or  disturbance  at  the  hands  of  any  other  tribe  or  nation  of  Indians,  or  of 
tribes  or  pcrions.    any  other  person  whatever;  and  he  shall  have  the  s'.me  care  and  superin- 
tendence over  them  as  was  heretofore  had  by  the  President  of  the  United 
States. 
Iluntlng  and      ARTICLE  IX.  The  members  of  the  said  Great  and  Little  Osage  Tribes  of 
-1  hng  of  game.     lujj.u^g  shall  have  the  right,  henceforward,  of  hunting  and  killing  game, 
in  all  the  unoccupied  country  west  of  the  possessions  of  the  Cherokees, 
Seminoles,    Choctaws    and    Chickasaws,    without   molestation    from    any 
quarter,  being,  while  so  engaged  therein,  under  the  protection  of  the  Con- 
federate States. 
Perpetual  peace      Article  X.  There  shall  be  perpetual  peace  and  brotherhood  between 
between  the  ^^^  Great  and  Little  Osage  Tribes  of  Indians,  and  the  Cherolj;ees,  Musko- 
Osages  and  other  kies,  Seminoles,  Choctaws  and   Chickasaws,  and  the  bands  of  Wichitas, 
''■''^^''-  Cado   Iladachos,    Huecos,    Tawacaros,    Anadaghcos,   Toncawes,    Kichais, 

Aionais,  Shawnees  and  Delawares,  living  in  the  country  leased  from  the 
Choctaws  and  Chickasaws,  and  the  Peneteghca,  Noconi,  Taneiwe,  Yapa- 
Injunes,  Ac,  to  i-ii^.^  and  Cochotihca  bands  of  the  Neum  or  Comanches;  and  every  injury 
forgotten  ^°  ^  °    *^''  ^^'^  ^^  hostility  which  either  has  heretofore  sustained  or  met  with  at  the 
hands  of  the  other,  shall  be  forgiven  and  forgotten. 
The  Osages  and      ARTICLE  XI.  The  Great  and  Little  Osage  Tribes  of  Indians,  and  the  said 
goml"  nef  hbors  to  ^^^^'"''^^  °*''*^''  "^t''^"'''  ^'^^es  and  bands  shall  henceforth  be  good  neighbors 
eacli  other.  to  each  other,  and  there   shall   be  a  free  and  friendly  intercoui-se  among 

them.     And  it  is  hereby  agreed   by  the  said   Great  Osage  Tribe,  as  has 
already  been  agreed  by  all  the  others  except  the  Little  Osage  Tribe,  that 
Right  of  prop-  \\^q  hoi'ses,  cattle   and  other  stock  and  property  of  each  nation,  tribe  or 
tle^nd  st*ock^' '^^  'band,  and  of  every  person  of  each,  is  his  or  its  own;  and  that  no  person 
belonging  to  the  Great  Osage  Tribe  shall,  or  will  hereafter,  kill,  take  away 
or  injure  any  such  property  of  another  tribe  or  band,  or  of  any  member  of 
any  other  tribe  or  band,  or  in  any  other  way  do  them  any  harm. 
Perpetual  peace      Article  XII.  Especially  there  shall  be  perpetual  peace  and  friendship 


TREATY  WITH  THE  OSAGES.  365 

between  said  Gre^it  Osage  Tribe  and  tbe  Chcrokees,  Mus-ko-kies,  Seminoles,  and  fric  n  >]  s  h  i  p 

Cliortaws  and  Cbirisasaw.s,  and  tbe  Cbiefs  and  beadmen  of  tbe  said  Great '"'''' "jf^''7°^.^®« 
_,.,,,,,,,.',.  ,  ,  and  other    Indian 

Usage  Inoe  shall  do  all  iii  tbeir  power  to  take  and  restore  an\'  negroes,  nytions. 

borses  or  other  property  stolen  from  white  men,  or  from  persons  belonging     I'eturn  of  s'olcn 

to  eitlier  of  said  five  nations,  and  to  catcb  and  give  up  any  pei*soa  among  P''**!'"^'"'^"" 

them,  who  may  kill  or  steal,  or  do  any  other  evil  act. 

Article  XIII.  In  order  that  the  friendship  now  establisbed  between  tlie     No   private  re- 
said  (ireat  Osage  Tribe   of  Indians   and    tlie    Confederate   h'tates   and  llie  ^.^"^e    or  retalu- 
otber  Indian  nations,  tribes  and   bands   aforesaid,  may  not   be  interrupted  f,,^  injuries  done  lo 
by   tlie    misconduct  of  individual*,  or   bands  of  individuals,  it  is   hereby  the  Osages. 
agreed  that  for  injuries  done  by  individuals,  no  private  revenge  or  retalia- 
tion siiall  take  place,  but  instead  thereof,  romplaint  shall  be  made  by  the     Modo  of  redress, 
vsaid  (ireat  Osage  Tribe  of  Intiians,  when  any  individual  thereof  is  injured, 
to  the  agent  of  tlie  Confederate  States  for  the  Osages  and  olher  tribes,  who 
shall  investigate  tbe  complaint,  and,  if  he  fimls  it  well-founded,  shall  report 
the  same  to  the  Superintendent,  who  will  cause  the  wrong  to  be  redressed, 
and  the  person  or  persons  doing  the  wrong  to   be  arrested,  wliether  he 
be  a  white  man  or  an  Iniiian  ;    and  he  or  they  shall  be  tried  for  tlie  same     Trial  and  pun- 
agreeably  to  the  laws  of  the  Confederate  States  or  of  the  State  or  Terii   >^l'>nent  of  wrong 
tory  against  which  he  may  have  offended,  and   be  punished   in   the  same 
manner  and  with  the  same  severity  as  if  the  inj  iry  had   been  done  to  a 
white  man.     And  it  is  abo  agreed,  that  if  any  member  of  the  fJreat  Osage     lU-dress  for  in- 
tribe  shall  do  any  injury  to  the  person  or  property  of  any  white  man  or  of  J"'''*-"*'  ''""®  ^i'  '^•<' 
a  member  of  atiy  other  Indian  nation  or  tiil.>o  under  the  piotection  of  the    '"^^ 
Confederate  St 'tes,  the  otFoiiiler  shall  be  given  up  to  the  agent,  upon  com- 
)>laint  niatle  to  hini  and  on  his  demand,  the  wrong  shall   be  redressed  by 
iiim.  and  the  offeniler  be  tried  for  tlie  otl'eiice  agreeably  to  the  laws  of  the 
Confederate  States,  or  of  the  State,  Territory  or  nation  against  which  lie 
juav  have  oftended  :     Provided,    That  he  shall  be   punished  in    no  other     prov-go 
manner  nor  with  any  greater,  severity   llian  a   citizen  of  tlie  Coiifede;ate 
States,  or  of  sucth  State,  Torritoiy  or  nation  would  be,  if  he  had  committed 
the  same  offence. 

Akticle  XIV.  It  is  liereby  further  agreed  that  tlie  Chiefs  of  the  Great     Hr,r?es  or  .>ther 
Osage  tribe  shall  use  every  exertion  in  their  power  to  iccov«r  any  horses  or  ["""I  *^'"'y  ^'o'l^n  «" 
other  {iropcrty  that  may  be  stol.en  from  any  citizen  of  the  Confederate  States  J^n^r 
or  from  any  member  of  any  other  Indian  tribe  under  the  protection  of  the 
Confederate  States  by  any  peison  or  perilous  whatever,  and  found  within 
the  limits  of  their  countiy  ;  and  the  property  so  recovered  shall   be  f.'itli- 
with  delivered  to  the  owner  or  to  the  agent  to  be  restored   to  him.     If  in       Prof  eeJin^ 
any  case  the  riiifht  to  the  property  claimed  is  contested  bv  the  peison  in  ^l^''""*-'  ""'K'hf  »" 
possession,  the  agent  shall  summarily  investigate  the  case,  and  upon  hear- ,j.^n;,j_ 
ingthe  testimony  of  witnesses,  shall  decide  the  right  to  the  properly,  and 
(Mjder  it  !o  be  retained  or  delivered  up  accordingly.      Either  party  may     Appeal. 
appeal  from   his  decision   to  the  superintendent,   whose  decision   shall   be 
dual  in  all  eases,  the  property,  in  the  meantime,  remaining  in  the  c.us;ody 
of  the  agpnt.     If  in  anv  case  the  exertions  of  the  Chiefs  to  cause  the  les- 
toraticiii  of  stolen  property  prove  ineffectual,  and  the  agent  is  satisfied  fioin 
the  testimony  that  it  was   actually  stolen,  or   received   with    knowledge  of 
its  beiuff  stolen,  bv  any  person  belono-iuc:  to  the  (Jreat  Osasfe  tribe,  he  shall     »Vh(-nre9tiruii<->n 

'^   ,     .,         "        .•     '       ,  .  ,  »     *  f     1      .       •  1-1111  cannot     be     made 

so  report,  to  tlie  su[)erintendent,  With  a  co]>y  ot  the  testimony  ;  wliicli  siiall  ijj^  value  of  the 
for  tli.it  purpose  be  always  ixmIucc  I  to  writing;  and  the  superintendent  shall,  property  stolen  to 
if  satisfied  from  the  testimony,  deduct  from  the  annuity  of  the  tribe  a  sum  '^,''  '''-'''"''■ted  from 

1  .      .1  I  f  .1  I       4   1  t^o  aniiuitv  of  the 

equal  to  tlie  value  of  the  property  stolen.  jj.j,j,. 

AinicLE  XV^.  The  Confederate  States  hereby  guarantee  full  and  fair  pay-     When  the  value 
ment  to  iho  owner,  of  the  actual  and  full    value  of  all  horses  and  other  ^f   the  property 
properly  stolen  from  any  person  or  persons  belonging  to  the  Great  Osage  bv  ti,"^^'  S  to^th 
tribe,  by  any  citizen  of  the  Confederate  States,  or  by  any  Indian  of  any  owner. 


386  *•  TREATY  WITH  THE  OSAGES. 

other  DMtion  or  tribe  under  tlielr  protection,  in  case  the  same  cannot  be 
recovered  and  restored,  and  upon  sufficient  proof  being  made  before  tlie 
superintendent  or  anj'  agent  of  the  Confederate  States  for  any  of  such 
nations  or  tribes,  tliat  such  property  was  actually  stolen  by  a  citizen,  or 
citizens  of  the  Confederate  States,  or  by  an  Indian  or  Indians  of  any  nation 
or  tribe  under  their  protection. 
Agent andlDtcr-  ARTICLE  XVI.  An  agent  for  the  Great  and  Little  Osage  tribes,  the 
pretcr.  Quanaws,  Senecas  and  Senecas  and  Shawnees  shall  be  appointed  by  tho 

President,  and  an  interpreter  for  the  Groat  and  Little  tribes  of  Osages,  for 
their  protection  and  that  their  complaints  may  be  lieard  by,  and   their 
Where  t*  reside,  wants  made  known  to  the  President.     The  agent  shall   reside  continually 
in  the  country  of  one  or  the  other  of  said  tribes  or  bands,  and  the  inter- 
Not  to  be  absent  preter  shall  reside  among  either  the  Great  or  Little  Osages;    and  neither 
without  leave.        ^f  ^jig,,^  ^}y^]\  ^y^j.  \,q  absent  from  their  nosts,  except  by  the  permission  of 
the  superintendent. 
No  war  to  he      Articlk  XVIL  None  of  the  braves  of  the  Great  Osage  tribe  shall  go 
waged  or  councils  ^^^q^  i]^q  war-path,  against  any  enemy  whatever,  except  with  the  consent 
jhe'^cons^euToAhe^^f  tl^*i 'igeut,  or  unless   it  be 'to   pursue  hostile   bands  of  white   men   or 
i.gent.  Indians  entering  their  country  and,  coniTviitting  murder,  robbery,  or  other 

outrage  wh.en  imtnediate  ]>ursuit  is  necessary;  nor  shall  hold  any  talks  or 
councils  with  any  white  men  or  Indians  williout  his  knowledge  and  con- 
sent.    And  they  es|  ecially  agree  to  attend   no   councils  or  talks  in  the 
country  of  any  people,  or  Mith  the  officers  or  agents  of  any  people,  with 
whom  the  Confederate  States  are  at  war;  and  in  ca«e  they  do  so,  all  the 
benefits  secured  to  them  l>y  this  treaty  shall  immediately  and  forever  cease. 
Who  may  live      Article  XVITI.  The  Confederate  States  will  not  pcrn)it  any  improper 
in    the  Osage  persons  to  reside  or  be  in  the  Great  or  Little  Osage  country,  but  only  such 
country.  persons  as  aie  employed   by  them,   their   officei-s  or  agents,   and   traders 

hcensed  by  them,  who  shall  sell  to  the  Osages  and  buy  from  them,  at  fair 
prices,  under  such  regulations  as  the  President  shall   make  from   time  to 
time. 
The  stealing  of     Article  XIX.  To  steal  a  horse  or  any  other  article  of  property  from  a 
^^T^^^JJ^F^i"^'^^  "^'^'^^^  '"'"^  ^"^   '^"  Indian   not  at  war   vvith   tlie   Confederate  States,  shall 
"    "      '  -      always  be  regarded  as  disgraceful,  an*}  the  I'hiefs  of  the  Osages  will  dis- 
countenance and  prevent  it  by  every  means  in  their  power.     For  if  ihey 
should  not  there  never  could  be  any  permanent  peace. 
The  C.  S.  w'.sh      ARTICLE  XX.    The  Confederate  States  wish   the  Osages  to  settle  upon 
the  Osig'is  to  set-^^j  cultivate  their   land,   build    houses  and    dig  wells,  and   by   industry 
tie    upon     th/eii  ,,,,  ,  ,  ,•  i,  j 

lunds,  bu  i  1  dbecome  enabled  to  support  themselves;    and   m  order  to  encourage  ana 

houses,  <tc.,  and  assist  them  and  because  of  the  chattels  and  articles  prondsed  to  the  Great 
agree  to  furnish  Q^^j^^^g  ^^^^  .^^^  Lj^^jg  Qsages  by  the  treaty  of  the  eleventh  day  of  Jan. 
far^ming'\a»VlV '^'"^ry,  A.  D.,  one  thousand  eight  hundred  and  thirty-nine,  a  considerable 
jncnts,  4o.  portion   never  was   furnished  them,   to-wit:    twelve   hundred  hogs,  seven* 

hundred  plouglis,  seven  hundred  sets  of  horse-gear,  eight  hundred  axes, 
and  eight  hun  Ired  hoes,  the  Confederate  States  agree  to  give  them  twelve 
hundred  breeding  hogs,  fifty  yoke  of  oxen  with  ox-wagons,  horse-gear, 
ploughs,  yokes,  axes,  spades  and  hoes,  and  other  useful  implements,  to  the 
value  of  fifteen  thousand  dollars,  at  the  fiist  cost  in  the  place  in  the  (Ton- 
federatc  States  where  the  same  siiall  be  pur(dKised ;  of  which  stock,  nine 
hundred  hogs,  forty  yoke  of  oxen,  and  such  implements  as  aforesaid  to  the 
value  of  eleven  thonsimd  dollars  shall  be  given  to  the  Great  Osages,  and 
the  residue  to  the  Little  Osages  if  tliey  unite  in  this  treaty.  But  such 
stock  and  implements  shall  only  be  issued  from  time  to  time,  and  to  such 
persons  as  shall  be  reported  by  the  agent  to  the  superintendent  to  be 
engaged  or  ready  to  engage  in  farming,  and  \Tho  will  take  care  of  and 
profitably  use  the  same,  and  be  benefitted  by  them,  and  uot  sell,  waste 
or  destroy  the  same ;  upon  which  reports,  and  so  only,  the  auperinten 


TREATY   WITH  THE  OSAGES.  3S7 

dent  shall  cause  the  issue  to  such  persons  only,  of  so  much  of  said  stock, 
and  so  many  of  said  implements  as  he  would  be  entitled  to  upon  a  dis- 
tribution of  all  •per  capita  ;  and  it  shall  be  the  d'lty  of  the  Chiefs  and 
of  the  agent  to  see  that  what  is  so  issued  is  not  destroyed  or  wasted ; 
and  if  waste  or  destruction  can  in  no  otherwise  be  prevented,  to  reclaim 
the  same  and  issue  them  elsewhere. 

Article  XXI.  The  Confederate  States  alsoasrree  to  build  and  put  in     Building  of  grist 

J  •  L        A  Ml       i.  •^v.^  •    i.  •      iV     f\  and  .^aw  milla  ano 

running  order  a  grist  and  saw  mill,  at  some  suitable  point  in  the  Osage  ^^j^^  employment  of 

country,  and  to  employ  a  miller  for  each  mill  for  the  term  of  nine  years  millers  and  as*i» 
from  the  date  of  thi.s  treaty,  and  an  assistant  to  each  for  the  same  time ;  tanta. 
the  latter  to  be  selected   from  the   Osage  Nation,   and  each  of  them  to     Compensation  of 
receive  two  hundred  and  twenty-five  dollars  per  annum  as  his  compensa-"'''^*'"  ^^^  assis- 
tion  J  and  each  miller  shall  be  furnished  with   a   dwelling  house;    this  ^' 
article    being  agreed    to   by  the   Confederate   States  because  the   mill 
erected  by  the  United  States,  under  the  treaty  of  the  year  one  thousand 
eight  hundred  and  thirty-nine,  was  burned  down  after  being  in  opera- 
tion only  six  years. 

Article  XXII.  The  Confederate  States  also  agree,  that  the  agent  for    AeenttoeiDi-loy 
the  Osages  shall  be  authorized  to  employ,  for  and  during  the  ^^''^^'^'^'^^^'^  ofheMaborers*'' 
years  from  the  day  of  the  signing  of  this   treaty,  ten   agricultural  and 
other  laborers,  to  assist   the  Great  and   Little   Osagos  in   opening  and 
preparing  for  cultivation  their  fields,  and  building  their  houses,  who  shall 
be,  at  all  times,  under  the  control  and  direction  of  the  agent. 

Article  XXIII.  For  the  same  purpose,  the  Confederate  States  will 
also  provide,  furnish  and   support  for  and   during  the   terra  of  twenty 
years  from  the  date*of  this  treaty,  for  the  Great  Osages  upon  and  after 
the  ratification  of  this  treaty,  and  for  the  Little  Ot^ages  when  thej'  shall 
become  parties  to  this  treaty,  to  each  a  blacksmith  and  an  assistant  who     BlacksnuUi  wid 
shall  be  one  of  their  own   people,  and   for   each,  annually,  a   sufficient 
supply  of  coal,  with  five  hundred   pounds  of  iron   and   sixry   pounds  of     Coal,  iron  and 
steel  to  the  blacksmsth  for  the  Great  Osages,  and  two  hundred  and  fifty  ^^^*''' 
pounds  of  iron  and  twenty-five  pounds  of  steel  to  the  blacksmith  ibr  the 
Little  Osages,  that  their  farming  utensils,  tools  and  arms  may  be  seasona- 
bly repaired  ;  and  also  one  wagon-maker  for  each  ;  and  will  furnish  each     Wagon-maker, 
smith  and  wagon-maker  with  the  necessary  tools  and   with  a  shop,  and    Toole  and  shop  to 
the  wagon-maker  with  the  necessary  wood  and  other  materiils  from  time  ^^'jl^^j.'^g^j^^^^j' 
to  time.  Ac  ,  fo'r  tlie  latter. 

AitTiCLE  XXIV.  The  Confederate  States  will  also  furnish,  at  proper    Medi«ines  and 
places,  the  Great  and  Little  Osages  with  such  medicines  as  may  be  ne-™*     *   service, 
cessary,  and  will  employ  a  physician  for  each,  who  shall   reside   among 
them,  during  the  pleasure  of  the  President. 

Article  XXV.    The  Confederate  States  also  agree  to  furnish  each  .  R'Ao-  ammuni- 
warrior  of  said  Great  Osage  tribe,  who  has  not  a  gun,  with  a  good  I'iAe  j^'^^^j.^-^'j^^g^j'^'^j^p'^ 
and  a  supply  of  powder  and  lead  and  perctission  caps  or  flints,  as  soon  as  warr.or. 
it  may  be  found  practicable.     The  arms  and  ammunition  are  never  to  be 
given  away,  sold  or  exchanged,  and  the  Chiefs  will  punish  anyone  who 
so  dispo.ses  of  cither;  and  the  Confederate  States   will   severely  punish 
any  trader  or  other  white  man  who  may  purchi'se  either  from  them. 

Article  XXVI.    No  State  or  Territory  shall  ever  pass  laws  for  the     The  Osagcg  left 
government  of  tlie  Osage  people;    and  except  so  far  as  the  laws  of  the  ^J^g^^^ggj^^g"  '  ° '" 
Confederate*  States  are  in  force  in  their  country,  they  shall  be  left  free  to 
govern  themselves,  and   to  punish  offences  committed  by  one  of  them- 
selves against  the  person  or  property  of  another  :  Provided,  That  if  one     Proviso, 
of  them   kills   another,   without  good   cause    or  justification,   he   shall 
suffer  death,  but  only  by  the  sentence  of  the  Chiefs,  and   after  a  fair 
trial,  all  private  revenge  being  strictly  forbidden. 

Article  XXVIl.  Every  whit-e  man  who  marries  a  woman  of  the 


S68  TREATY  WITH   THE  OSAGES. 

White  man  who  Osages,  and  resides  in  the  Osage  country,  shall  be  deemed  and  taken, 
marries  a  woman  even  aJ'ter  the  death  of  his  wife,  to  be  an  Osage  and  a  member  of  the 
deeme*d  to*btf  an  ^^^^^  ^^  which  he  resides,  so  far  as  to  be  subject  to  the  laws  of  the  tribe 
Ofcage.  ?o  fiir  as  to  in  respect  to  all  offences  committed  in  its  country  against  the  person  or 
bo  subject  to  'hepropertyof  another  member  of  the  tribe,  and  as  not  to  be  considered  a  white 
laws  ot  I  e  tn  e.  ^^^^  committing  such  offences  against  the  person  or  property  of  an  Indian, 
within  the  meaning  of  the  acts  of  the  Congress  of  the  Confederate 
Negroe^and  rau-  States.  And  all  negroes  and  mulattoes,  bond  or  free,  committing  any 
mrsub"ect^''tnhe  ^^*^^  offence  in  said  country  shall,  in  like  manner,  be  subject  to  the  laws 
laws  of  the  tribe,   of  the  tribe. 

Military  and      A'tTiCLE  XXVII.    The  Confederate   States  shall  have  the  right  to 
other  roads.  establish,  open  and  maintain  such  military  and  other  roads  through  any 

part  of  the  Osage  country,  as  the  President  may  deem  necessary,  without 
making  any  compensation  for   the  right  of  way,  or  lor  the  land,  timber 
Cocnpcnsation  or  stone  used  in  constructing  the  same;  but  if  any  other  property  of  the 
or'iujwed"^  ^'""^  ^"^^'  ^^\  '^^^  ^^^^^  property  or  the   improvements  of  an   individual  be 
used  or  injured  therein,  just  and  adequate  compensation  shall  be  made. 
Granting.of right      ARTICLE  XXIX.  The  Confederate  States  may  grant  the  right  of  way 
roads.*^    '^^   ^^^    ^^^*  '^"^  railroad  through  any  part  of  the  said  country;  but  the  company 
to  which  any  such  right  may  be  granted  shall  pay  the  tribe  therefor  such 
sum  as  shall,  in  the  opinion  of  the   President,   be  its  fair   value;    and 
shall  also  pay  to  individuals  all   damages   done  by  the  building  of  said 
road  to  their  improvements  or  other  property   to  such  amount  in   each 
case  as  commissioners  appointed  by  the  President  shall  determine, 
lotrnsions  and      ARTICLE  XXX.  The  agent  of  the  Confederate  States  for  the  Osages 
HcttlemeHt  n  p  o  n  and  other  bands  shall  prevent  all  intrusions  by  hunters  and  others,  upon 
OsagcTto^  be  pre- ^^^®  lands  of  the  Osages,  and   permit  no  white  men   or  other   Indians  to 
veiled.  .settle  thereon,  and  shall  remove  all   such  persons,  calling,  if  necessary, 

upon  the  military  power  for  aid  ;  and  the  commanders  of  military  posts 
in  that  country  shall  be  required  to  afford  him  such  aid  upon  his  requi- 
sition. 
rarchagersfroni      ARTICLE  XXXI.  If  any  trader  or  other  person  should  purchase  from 
clcV^iverthem'^b    """^  0.sage  any  of  the  cattle  or  other  chattels  or  articles  given  him  by 
the^  c/^S.,  tT  be^'^'^  Confederate  States,  he  shall  be  severely  punished, 
punished.  ARTICLE  XXXII.  The  Great  and  Little  Osages  may  allow  persons  of 

^  TheOBage.«niayany  other  tribe  of  Indians  to  settle  among  them,  and  may  receive  from 
diaLis^to"se'ttl"e*^'^^^  f'^''  ^^^'^^  "^^"  benefit  compensation  for  such  lands  as  they  may  sell 
among  iheiu.  or  assign  to  such  persons. 

Who  oyt  to  pas-      Article  XXXIII.  No  citizen  or  inhabitant  of  the  Confederate  States 

ture  stock  on  their  or  member  of  any  friendly  nation  or  tribe  of  Indians  shall  pasture  stock 

on  the  lands  of  the  Osages ;  but  all  such  persons  shall  have  full  liberty. 

Liberty  given  to '^*  ^}^  times,  and  whether  for  business  or  pleasure,  peticeably  to  travel  in 

travel  in  their  their  country,  on  the   roads  or  elsewhere,  to  drive  their  stock   through 

country,  and  drive  tlie  same  and  to  halt  such  reasonable  time  on  the  way  as  may  be  neces- 

stock  throua;h  the  ■  -^  .1     •       ^      1  1      i    1        1     •         .  ,    ,.  .  i     ,^  •'    ,i     , 

same.  ^^'7  ^^  recruit  their  stock,  such  delay  being  in  good  laith  tor  that  pur- 

pose and  for  no  other. 
Fugitives  fr-  m      ARTICLE  XXXIV.  Any  person  duly  charged  with  a  criminal  offence 

Sored!  '"'■■against  the  laws  of  the  Coniederate  States,  or  of  any  State,  or  Territory, 
or  of  any  Indian  nation  or  tribe  under  the  protection  of  the  Confederate 
States,  escaping  into  the  Osage  country,  shall  be  promptly  taken  and 
delivered  up  by  the  Chiefs  of  the  Osages,  on  the  demand  of  the  proper 
authority  of  the  Confederate  States,  or  of  the  State,  Territory,  nation 
or  tribe  within  whose  jurisdiction  the  offence  shall  be  alleged  to  have 
been  committed. 

to  brfn  %fc7t     Article  XXXV.  In  addition  to  the  laws  of  the  Confederate  States 

the  Osage  country.  ^^P^sssly  applying  to  the  Indian  country,  so  much  of  their  laws  as  pro- 
vides for  the  punishment  of  crimes  amounting  to  felony  at  common  law 


TREATY   WITH  THE  OSAGES.  Sfift 

or  by  statute  agaiust  their  laws,  authority  or  treaties,  and  over  wiiich  tho 
courts  of  the  Cuufedorate  States  have  jurisdiction,  including  the  coun- 
terfeiting the  coiL  of  the  United  iStates  or  of  the  Oonfederate  Stiitod,  or 
any  other   current  coin,  or  the  securities  of  the    Confederate   States,  or  • 

the  uttering  of  such  counterfeit  coin  or  securities;  and  so  much  of  said 
laws  as  provides  for  punishing  viohitions  of  the  neutrality  laws,  and 
resistance  to  the  process  of  the  (.confederate  States;  and  jill  the  acts  of 
the  provisional  Congress  pruviding  fur  the  couiiaon  defence  and  welfare, 
so  far  as  the  same  are  not  locally  inapplicable  ;  and  the  laws  providing  Jurisdiction  of 
for  the  capture  and  delivery  of  fugitive  slaves  shall  be  in  force  in  the  fj/'^'f , '?"'!"' f^** 
Usage  country ;  and  the  district  court  tor  tlie  Chalahki  district,  when 
established,  shall  have  exclusive  jurisdiction  to  try,  condemn  and  punish 
offenders  against  those  laws,  to  adjudge  and  pronuuuce  sentence,  and 
cause  execution  thereof  tu  be  done. 

Article  XXXVI.     Whenever  any  person  who  is  a  member  of  the     Ai>y  membfrof 
Great  or  Little  Osage  tribe  shall  be  indicted  for  any  offence  in  any  court  '^"^  ^^''^^  tribe  m- 
of  the  Confederate  States,  or  in  a  St;ite  court,  he  shall  be  entitled  a.s  of^t   *ijj,  c.    B.    or 
common  right   to  subpoena,  and   if  necessary  to  compulsnrj'  process  fur  r>t>itc  <H>iirt  eutl- 
all  such  witnesses  in  his    behalf  as  his  couIl^el    xnny   think   material  |or  ^''"^  ^^  P*"*^'*-"* '" 
his  defence  ;  and  the  costs  of  process  i'or  such  witnesses,  and  of  the  ser-     ^o-ts  of  pr>rcs» 
vice  thereof,  and  Ices  and  mileage  of  such  witnesses  shall  be  paid  by  thesr,.!  lets  mui  miie- 
Oun federate  States;    and    whenever  the   accused  is   not  able   to  einpluy  "X- "'  wiuitf.-t*. 
counsel,   the   court  shall   assign   him  one   experienced   counsel   fur   bis      ^^'ii""    a.!cuso<I 
defence,  who  shall  be  paid  by  the  ('onl'eilerate   States  a  reasonable  com- ["'J^^.jjgj^    a-^-i>ii'^i' 
pensation  for  his  services,  to  be  fixed  by  the  court  aud    paid    upun  tho 
ccrtifieote  ol'  the  judgtf. 

Akticle  XXXVTl.     It  is  hereby  declared  and  agreed   that  the  insti-      Exifting   Ihws, 
tution  of  slavery  in  the  said  Great  and  Little  O-Juge  tribes  is  legil,  and  ^^,'^^^^^,^  u-<^arfi^t.o 
has  existed  from  time  immemorial ;    that  slaves  are   persona!    property  ;  si.ivery,    ueciartxl 
that  the  title  to  slaves  and  other  property  having  it-a  origin  in  the  said  l^'"»l»"iJ- 
tribes  is  to  be  determined  by  the  laws  and  custoni.s  thereof ;  and  that  the 
ehives  and  personal  property  of  every  person  domiciled  in  the  country  of 
the  said  tribes,  shall  pass  and   be   distributed  at  his  or   her  death,  in 
accordance  with  the  laws,  usages  and  customs  of  the  said   tribes,  which 
may  be  proved  by  oral  evidence,  and  shall  everywhere  be  held  valid  and 
binding  within  the  scope  of  their  openitions.      Aud  if  any  slaves  escape     L.iwa  of  the  C. 
from  any  of  said  tribes,   the  laws   of   the   Confederate   States  i'or  the  ■'?•  '""^  'j'o  enpturo 
capture  and  delivery  of  fuiz;itive  slaves  shall  apply  lo  such  cases,  whether  *'"'.  '  "^  '^■"'■^' "'  '"" 
they  escape  into  a   State  or   lerritory   or  into   any  Indian    natum    or  piy. 
tribe  under  the  protection  of  the  Con tederate  States;  the  obligation  upon 
each  such  State,  Territory,  nation  or  tribe  to  deliver  wp  the  same,  being 
in  every  case  as  complete   as  if  they  had  escap-ed  from  a  State,  and  the 
mode  of  procedure  the  same. 

Article  XXXVIII.  The  Great  Osage  Tribe  of  Indians  hereby  makes     ThortrentOan^ 
itself  a  party  to  the  existing  war  between  the  Coni'xjderate  States  and  the  '^''••'^"  ™u'<"^  itseJf 
United  States  of  America,  as  the  ally  and  ward  of  th^  former;'  and,  in  f.''*'^'^'/"  l^''  **i 
consideration  01  the  prot-ectiou  guaranteed   by  this  treaty,  and  ot  their  a.;;ree9  i<>  furni-h 
common   interests  hereby  agrees  to  raise  and  furnish,  whenever  they  "^-"'^'■'•'"«**^''*''^> 
shall  be  called  on,  a  force  of  live  hundred   men  i'or  the  service  of  the 
Confederate  States,  or  any  less  number,  who  shall  reo^^ive  the  same  pay     P^y  and  a)k-»- 
and  allowances  as  other  troops  of  the   siime  class  in  that  service,  and  a»c.;^  oi'  the  mon. 
remain  in  the  service  as  long  as  the  President  shall  require;  and,  also,     llow  lonj;  to 
to  furnish  any  number  of  young  m«n  for  scouts  and  runners,  re'|nired  by  "erve. 
any  general  or  other  commanding  officer  of  the  Confederate  States  in  q^^^^' ^  ""    '""' 
the  Indian  country,  who  shall   receive  such  compensation  as  such  officer     v-omp-nsation. 
shall  fix. 

Article   XXXIX.    In  consideration  of  the  loyalty  of  the  Great 
24 


STd  TREATY  AYITH  THE  OSAGES. 

.Ti!<!  C-  J5.«-gTco  Osage  Tribe,  and  of  their  readiness  to  place  themselves  under  the  pro- 
toeK5jojj»  |_r  »aia  (-^gfjjjQ  ^f  ^Tj^  Confederate  States,  and  of  their  poverty,  and  of  the  greats 
iiu'*3^iv  f  ;r  tvT^uty '''^^^'"  ^"  horses  and  other  property,  sustained  by  them  at  the  hands  of  ■ 
years'  lawless  persons  for  many  years,  the  Confederate  States  do  hereby  agree 

to  expend  for  the  benefit  of  the  Great  and  Little  Osage  Tribes,  for  the^ 
full  term  i«f  twenty  years  irom  the  date  of  this  treaty,  the  sum  of  fifteen 
II j^  fuad  t3  be  thousand  dollars  annually,  of  which  sum  five  thousand  dollars  per  annum, 
(kppliud.  eUall  be  added  to  the  interest  on  the  school  fund  of  the  nation,  hereiu- 

•  ?fter  provided  for,  and  ten  thousand   dollars  shall  be  divided  fairly  in 

each  year,  after  the  Little  Osage  Tribe  shall  have  united  in  this  conven-. 
tion.  between  the  two  tribes  in  proportion  to  the  number  of  souls  in 
each  ;  and  the  said  sum  of  ten  thousand  dollas  shall,  in  each  year,  be 
applied  by  tlie  Superintendent  to  the  purchase  of  such  articles  of  cloth- 
ing household  uten-^iis,  blankets  and  other  articles,  as  shall  tend  to  the 
comfort  of  the  Osages,  and  encourage  them  in  their  endeavors  to  improve, 
and  which  articles  the  agent  shall  distribute  among  them,  in  the  same, 
manner,  and  nearly  as  possible,  as  moneys  would  be  distributed  per  ■ 
PiNnUo.  capita:   Provia'cd,  That  in  the  distribution  any  person  maybe  excluded  : 

by  him,  if  reported  by  the  chiefs  to  be  worthless,  idle  or  dissolute,  or  a . 
tad  and  mischievous  person  ;  and  that  he  may  do  the  same  upon  his  own  . 
knowledge,  taking  care,  as  far  as  may  be,  that  only  the  good  and  worthy 
shall  be  the  recipients  of  the  bounty  of  the  Government  of  the  Confede- 
vnte  States. 
'Reservation  aiK'.      Artici.k  XL.  It  is  hereby  agreed  and  ascertained,  that  by  the  sixth  • 
Mle  ot  Kii.i  of  ta-.-3vticle  of  the  treaty  with  the  Great  and  Little  Osages,  of  the  second 
po-fot  "fcJiHHru"'*'^^*J  ^^' '■-''^'^'^''   ^^-   ^■'  ^*^^  thousand   eight  hundred   twenty-five,  it  was 
'  agreed  that  from  the  lands  ceded  and  relinquished  by  the  Osages  by 

that  treaty,  a  reservation  should  be  loade  of  fifty-four  tracts  of  land,  of 
i  a  mile  square  each^  to  be  laid  ofi"  under  the  direction  of  the  President 

of  the  United  States,  and  sold  for  the  purpose  of  raising  a  fund  to  be  . 
applied  to  the  support  of  schools,  for  the  education  of  the  Osage  > 
children,  in  such  manner  as  the  President  might  deem  ailvisable  for  the  . 
attainment  of  that  end ;  that  fifty-four  sections  of  land  wei'e  accordingly  , 
Proc.>c-<Jfl  of  sale;  selected,  and  afterwards  sold,  and  the  proceeds  of  the  same  amounted  to 
llJ^7  L.'jvaeicd,  thirty-one  thousand  seven  hundred  and  twenty-four  dollars  and  two 
cents,  which  sum  remains  invested  as  follows,  that  is  to  say : 

In  six   per  cent,   stock  of  the    State  of  Missouri,    seven   thousand 
dollars ;  .        - 

In  United  States  six  per  cent.  loan  of  one  thousand  eight  hundi*ed  : 
8-Qd  forty-two,  twenty-lour  thousand  six  hundred  and  seventy-nine  dollars  ; 
and  fifty-six  cents; 

.  And  in  United  States  six  per  cent,  loan,  of  one  thousand  eight  hundred 
and  forty-seven,  forty-four  dollars  and  forty-six  cents; 

And  as  it  will  be  useless  for  the  Osages  hereafter  to  expect  anything 
from  the  justice  ol  the  United  States,  and  the  Confederate  States  do  ■ 
not  desire  that  they  should  hereafter  look  to  that  quarter  for  any  moneys; 
, Annua!  Lnt0rs«*t  it  is,  therefore,  further  hereby  agreed,  that  the  Confederate  States  will  • 
OQ  sajd  iJaai^to  be,Jij,j.ejjftei.  p^y^  annually,  on  the  first  day  of  January  in  each  year,  per- 
^      ^  '        petually,  commencing  with  the   year  one  thousand   eight  hundred  and  ; 

eixty-two,  for  the  benefit  of  tlie  Great  and  Little  Osage  Tribes,  the  sum 
cf  one  thousand  nine  hundred  and  three  dollars  and  forty-four  cents, 
fc^ing  the  annual  interest  on  said  sums  of  money  so  as  aforesaid  in 
United  States  stocks  and  stocks  of  the  State  of  Missouri,  at  the  rate  of. 
^  pix  per  cent,  per  annum,  and  will  look  to  the  State  of  Missouri  for  the 
.     .  payment  of  the  principal  and  interest  of  said  sum  of  seven  thousand  ' 

dollars,  as  invented  in  stocks  of  that  State.     To  which  sum  shall.  b«.. 


TREATY  WITH  THE  OSAGES.  371 

annually  added,  on  the  same  day,  commencing  with  the  same  year,  the 
sum  of  iive  thousand  dollars,  part  of  the  annuity  provided  for  in  the  xxxix.     Additional  pay- 
article  of  this  treaty,  and  the  whole  shall  be  applied  by  the  agent  to  the  ™,^i'ix°°oT  Th  U 
support  and   maintainance  of  the   Osage   manual   labor  school,  now  in  treaty, 
operation  at  the  mission  on  the  Neosho   river,  as   the  said  interest  has     Whole  to  be  ap. 
heretofore  been  applied.  P"^^  '"  support  of 

,  A-  r  T       .  J       f  1        1       /      1  •  /•  •  Osagi!  manual   la- 

AuTiCLE  XLl.  A  tract  oi  land   or  the  quantity  ol  two   sections,  or  bor  school, 
two  tracts  of  one  section  each,  to  be  selected  by  the  agent  of  the  Coh-     Dedication  of 
federate  States  for  the  Osages  and  other  tribes,  and  in  which  or  one  of  ^"'^  ^  *^*  school, 
which,   the    present   site    of  the    mission    and    its   buildings   is   to  be 
included,  is  hereby  forever  dedicated  to  the  use  of  the  Osage  manual  labor 
school,  to  be  under  the  exclusive  control  of  those  who  have  charge  of  that 
institution,  and  for  its  exclusive  use;  and   not  to  be  sold  or  disposed 
of,  or  applied  to  any  other  use  or  purpose  whatsoever. 

Article  XIjH.  All  just  claims  and  demands  against  the  United  claims  of  the 
States,  of  the  Great   Os^age  Tribe,  or  of  any  individual   or  individuals  Gi"«^t' O^.^^c  Trib« 

thereof,  not  herein  specified,  arising  or  duo  under  former  treaties  with ''^*'"*'!:  '•''*^  ^':  ^•' 

1       IT    ■      1    ..-1  ^         \  1  1      1     11       p  1  •       under  former  tr«a- 

the  United  htate.^,  arc  hereby  assumed,  and   shall,  alter  the  restoration  tioa  ooutinued  in 

of  peace,  be  investigated  by  the  President,  and  so  far  as  they  are  found  f^^roe  as  if  t  h  « 

to  be  just,  shall  be  paid  in  full  by  the  Confederate  States;  and  all  pi'o- ^J^t'h 'tb^c'^^g^""^" 

visions  of  the  sevoral   treaties  with   the    United   States,  made   by  the 

Osages,  under  which  any  rights  or  privileges  were  secured  or  guaranteed 

to  the  Great  Osage  Tribe,  or  to  any  individual  or  individuals  of  the 

same,  and  the  place  whereof  is  not  supplied  'by  any  provision  of  this 

treaty,  and  the'same  not  being  obsolete  or  no  longer  necessary,  and  so  far 

as  they  arc  not  annulled,  repealed,  changed  or  modified  by  subse([uent 

treaties  or  statutes,  or  arc  not  so  by  this  treaty,  are  hereby  continued  in 

force,  as  if  the  same  had  been  made  with  the  Confederate  States. 

Article  X  LI  LI.  A  general  amnesty  of  all  past  offences  against  the  OcnerflJ  amn«>{i*v 
laws  of  the  United  States  or  of  the  Confederate  States,  committed  deebrcu. 
before  the  signing  of  this  treaty,  by  any  member  of  the  (Jreat  Osage 
Tribe,  as  such  membership  is  defined  by  this  treaty,  is  hereby  declared  ; 
and  all  such  persons,  if  any,  charged  with  any  such  oflFence,  shall  receive 
from  the  President  full  and  free  pardon,  and  if  imprisoned,  or  held  to 
bail,  before  or  after  conviction,  shall  be  discharged. 

Article  XLIY.  The  Confederate  States  of  America  hereby  tender  The  C^  (?..  tender 
to  the  Little  Osage  Tribe  the  same  protection  and  guarantees  as  are '"  *^o ''ittlo  Oeajje 
hejreby.  extended  and   given   to  the   Great   Osage   Tribe,  and   the  other '^'"^' .l^"   ^^""^ 

1_  £  n-  11  -^       11       1  1   •  1      ■  r<      1  •   I     1    •       1      protect!  0  0     .1  n  d 

benefits  otiered  them  speciueally  by  this  treaty ;  and  if  the  .said  Little  ^ruaranteoi  as  are 
Osage  Tribe  shall  give  no  aid  to  the  enemies  of  the  Coufederate  States,  ox  te  r.  d  od  and 
and  shall,  within  one  year  from  the  day  of  the  signing  of  this  treaty,  ^"'^°^!|'''  ^'■**' 
enter  into  a  convention  whereby  they  shall  unite  in  this  treaty,  and  "'  ' 
accept  and  agree  to  all  the  terms  and  conditions  of  the  same,  then  it  JIow  tha  Littl.i 
shall,  to  all  intents  and  purposes,  bo  regarded  as  having  been  made  with^'"^-*'  '^''^  mfty 
them  originally,  and  they  be  deemed'and  taken  to  be  parties  thereto,  :is  thLa"Soa'tyf '^'^'^  ^^ 
if  they  were  now  to  sign  the  same. 

Article  XLV.  This  convention  shall  be  obligatory  on  the  Great    When  ihi«trci«T 
Osage  Tribe  of  Indians  from  the  day  of  it,s  date,  and  on  the  Confederate  to  uke  efl'eot. 
States    from    and   after    it«    ratification    by   the    Senate    or  provisional 
Ck)ugress. 

7«.^;cr/>c^wtry  ^'5/i'w(>H(/ jt'/itTw/",  the  said  Albert  l*ike,  as  Commi-sisioner, 
with   plenary  powers,   on    the    part    of    the    Confederate 

,'-^->— ->«,       States,  doth  now  hereunto  set  his  hand  and  affix  the  seal 
•<    SeA-L.    y      of  his  arms;  and,  the  undersigncd,|Chiefs  and  hwidincu 
'■  ^— -r^— ^  •'      of  the  Great  Osage  Tribe  of  Indians,  do  hereunto  sit  their 
hands  and  affix  their  senls. 


372 


TREATY  WITH  THE  OSAGES. 


Thus  done  in  duplicate,  at  the  place  and  upon  the  day,  in  the  month 
and  year  first  aforesaid. 

ALBERT  PIKE, 
Commissioner  of  the  Confederate   States  to  the  Indian  Nations  locst  of 

Arkansas. 


KA-HI-KE-TUNG-KA. 

Chief  •  f  Clermont  Bund  Great  tisagcs. 
PA-lliU-SKA, 

Chief  of   White  H iir»  Band. 
CHI-SHO-lHIi\(J-KA. 

Chief  of  Bi<j  Ilrll  Band. 
•  HON-TASsaP  PE  or  BLACK  DOG. 

Chief  of  Black  l)>i(j'e  Bund 
SHA-PE-SIIING-Ka  orPEAVER, 

Second  Chief  of    White  Hair's  Bund. 
WA.^H-KA  CUE, 

Second  Chief  of  Clermont's  Band. 
TA-WAN-CHE-IIE,  .r  TALL  CHIEF, 

Second  thief  of  Big  Bill  Band. 
■WA-HO  PEK-EH, 

Second  Chief  of  Block  Dog's  Band. 
■WA-TA-EN-KA,  or  DKY  FEATUER, 

CiiuiiciUor  uf  ClermonC «  Band, 
KAN  SE-KA-ilKI, 

Couiic  llor  of  Bit/  fliU  Band. 
KA  HIKE  WA  TA-EN  KA, 
Ka  HI-KE  -HING-KA. 
CllI-SHO-WATAK^G-KA, 
E  E  SHI  KA-HKI, 
8R0-MEH-KA.--SI. 
KI  IH-KA  kl-PA-NA, 
SA-PEH  KU-YEH, 
WA-A-HAN  IIA, 
HA-KA-SHE, 
W -NO- PAH-SHE, 
SHIN<i-KAKA-HU-KE, 


NA-HTN-TA-PT. 

AHKIU-TA-TUNG-KA, 

WAH-KAN-TA-Cf.l-LEH. 

Nl-KA-KA-HRI, 

SHA-A  KK-'IO-PA, 

TO-TI  NA-HE, 

0  LO  liNG  KA-SHI, 

KA-WAM. 

WA-SHA  fHT  WA-SHA-ON-CIIi; 

WA-HU-»OMP-I, 

WA-AK-AN-lHl-LE, 

0-Kl-PA-HKA. 

TRE-NOM-PA-SHI, 

A-KI-KO-SliA, 

WA-TO-KI-Ka. 

O-SllANi.-KE  TUNG-KA, 

che-l;-se-'iiing-Ka, 
wa-ta-sho-\ve, 

IKA  t-HA-FBt 
A  ^0  HKA-i'I, 

j\1in  che-eii  »'a, 
wa-che-na  .-hi, 

MA-Hl.NG-KA-llE, 
T•^-\^  A->H1NG-KA, 
MI1NK-SHE?-KA, 
TU-TA  NA-t^HE, 
KA  WA  KA-Hll  Kf, 
iSlU  KA  KE-yHlNU  KA, 
GKSiSO  «  HOUTAU, 
AUGUtflU*    C    PI'AIN, 
LOUIS  J.  CHOUTEAU. 


WA-CHE-WA-HE, 

Signed,  sealed  and  delivered  in  presence  of  us. 

WM.  QUESENBURY, 

Secretary  to  the  tvmmiiii,4>itcr. 

E.  RECTOR, 

Superiutendcnt    of    Indian     Affair*. 
<  ofedtrate  States. 

ANDREW  J.  LORN, 

Agent  for    Osag»ft   ond   other  tribc*^ 
Con/ederoie  States. 

L0U18  P.  CHOUTEAU, 

Confcdeiatc    Stales     JyUeipmter    /or- 
Osiiges. 

JOHN  DREW, 
GEORGE  M.  MURRELL, 
J.  W.  WASHBOURNE, 
W.  WARREN  JOHNSON, 

To  the  Indian  names  are  subjoined  marks. 


Dee.  H,  IML 


RATIFICATION. 


Ratificaf^on  by      Resolved,  (two-thirds  of  the  Coagrees  concurring,)  That  the  Corgrees 

Con^Teee  of  t  h  e  ,f  ^.jjg  Confederate  States  of  America  do  advise  and  consent  to  tlie  lati- 

S' tif  0*rtU  ication  of  the  articles  of  a  convention  made  by  Albert  Pike,  Ctmmk- 

Osftg«  Tribe.  sioner  of  the  Confederate  States  to  the  Indian  cations  west  of  Aikai^ae, 

in  behalf  of  the  Confederate  States,  of  the  one  part,  and  the  Great 


TREATY  WITH  THE  OSAGES.  £73 

Osage  Tribe  of  Indians,  by  its  Chiefs  and  headmen,  who  signed  the 
game  article.-?,  of  the  other  part,  concluded  at  Park  Hill,  in  the  Cherokee 
Nation,  on  the  second  day  of  October,  in  the  year  of  our  Lord,  one 
thousand  eight  hundred  and  sixty-one,  with  the  following  aniiudmea:, : 

AMENDMENT. 

In  article  thirty-six,  at  the  end  of  the  words  "or  in  a  Ptite  Court,"     Ameadoi&at, 
insert  the  fallowing  words :  "  Subject  to  the  laws  of  the  Stute.' 


•V   VV  -iv- 


TREATY  WITH  THE   SENEGAS  AND    SENEGAS 
AND  SHAWNEES. 


OCTOBER  4th,  18C1. 


ARTICLES  OF  A  CONVENTION 

iMfered  into  and  concluded  at  Park  Hill,  in  the  Clicrohee  Nation,  on  (lie 
ot.  4,  1861.  fourth  day  of  October,  in  the  year  of  our  Lord,  one  thoumnd  eight 

hundred  and  sixty-one,  hctv:cen  the  Confederate  States  of  America, 
hy  Albert  Pike,  their  Commissioner,  with  full  j^oicers,  ajypointed  by 
the  President,  by  virtue  of  an  act  of  Congress  in  that  behalf,  and 
the  Seneca,  tribe  of  Indians,  formerly  Jcnown  as  the  Senecas  of  San- 
dusky, and  the  Shawnees  of  the  tribe  or  confederacy  of  Senecas  and 
Shawnecs,  formerly  known  as  the  Senecas  and  Shawnees  of  Lewis- 
toioH,  or  the  mixed  bands  of  Senecas  and  Shawnees,  each  tribe  for 
itself,  by  its  Chiefs  and  warriors,  who  have  signed  these  articles,  of  the 
other  part. 

^^Tbe Seneca*  and  ARTICLE  I.  The  Seneca  tribe  of  Indians,  formerly  known  as  the 
the  proteoUon  "of  ^^'^^^''^'^  **^  Sandusky,  and  the  Shawnees  of  the  tribe  or  confederacy  of 
the  C.  S.  Senecas  and  Shawnees,  formerly  known  as  the  Senecas  and  Shawnees  of 

Lewistown,  or  the  mixed  bands  of  Senecas  and   Shawnees   and   all  the 
persons  of  each,  do  hereby  place  themselves  under  the  laws  and  protec- 
tion of  the  Confederate   States  of  America,  in  peace  and   war  forever, 
and  agree  to  be  true  and  loyal  to  them  under  all  circumstances. 
The C. S.  aseumo      ARTICLE  II.  The  Confederate  States  of  America  do  hereby  promise 
the  protectorate,     and  firmly  engage  themselves  to  bo,  during  all  time,  the  friends  and  pro- 
tectors of  the  Seneca  tribe  of  Indians,  formerly  known  as  the   Senecas 
of  Sandusky,  and  the  Shawnees  of  the  tribe  or  confederacy  of  Senecaa 
and  Shawnees,  formerly  known  as  the  Senecas  and  Shawnees  of  Lewisr 
town  or  the  mixed  bands  of  Senecas  and   Shawnees,  and   to  secure  and 
defend  them  in  the  enjoyment  of  all  their  rights,  possessions  and  prop- 
erty; and  that  they  will  not  allow  them  henceforward  to  be  in  any  wise 
troubled  or  molested  by  any  power  or  people,  State  or  person  whatever. 
Gsaranteetotho      ARTICLE  III.    The  Confederate  States  of  America  do  hereby  assure 
tribes  of  the  «oan- and   guarantee  to  the  Seueca   tribe  aforesaid,  and   to   the  Senecas  and 

trysecuredtothcm  rj,        =>  ^  ,      ,  .i        o  i     ou  i"  t        •   ^ 

by  treaties  ^  i  t  h '^'^'''^'^^'^•'^>  lormerly  known  as  the  oenecas  and   fehawnees  or  J^ewistown 

and  patents  fr»m  or   the    mixed    bands  of  Senecas  and    Shawnees,  in    case    the    Senecas 

the  1).  S.  thereof  should   hereafter  unite  in  this   treaty,  by  a  convention    for  that 

purpose  made  and  concluded,  or  to  the  Shawnees  thereof  aforesaid  alone, 

in  case  the  said  Senecas  thereof  should  refuse  so  to  unite  herein,  to  each 

tribe  or  band  respectively,  the  title  in  fee  simple,  as  long  as  each,  res- 


TREATY  WITH  THE  SENEGAS  AND  SHAWNEE S.  JJ75 

pectively,  shall  exist  as  a  nation  and  remain  thereon,  and  the  exclusive 
possession  and  undisturbed  use,  occupancy  and  enjoyuient,  as  long  a. 
grass  shal  ^row  and  water  run,  of  the  country  heretnrore  secured  to  each 
respectively  by  treaties  with,  and  patents  from,  the  United  States  of 
Aiaonca;  and  which  countries  are  thus  described  and  ascertained,  that 

By  the  treaty  with  the  Seneoas  of  Sandusky  made  and  concluded  on 
the  twenty-eighth  day  of  February,  A.  D.,  one  thousand  eid.t  hundred 
aprt  thnt.y-one,  a  country  was  ceded  and  grante.i  to  that  tribe,  therein 
^escribed  as  "  a  tract  of  land  situate  on  and  adjacent  to  the  northern 
boundary  of  the  lands  heretofore  granted  to  the  ("ihorokee  Nation  of  In- 
dians, and  aciioiuu.g  the  boundary  of  the  State  of  Missouri,  which  trac^. 
ttiall  extend  faheeii  miles  from  east  to  west,  and  seven  miles  from  north 
to  south   containing  about  sixty-seven  thousand  acres,  be  the  same  move 


or  less. 


%  the  treaty  made  and  concluded  with  the  mixed  bands  of  Senee ; 
and  Shawnee  I.Kl.ans  residing  at  and  around  Lewistown,  on  the  twe..  • 
tjeth  day  oi  .July,  .n  the  same  year,  a  country  was  ceded  and  trranted  to 
these  bands  therein  describe.!  .-is  -a  tract  of  land  to  contain  sixty  thou-. 
Hand  acres,  to  he  located  undrr  the  direction  of  the  President  of  the 
United  States,  contigu.ms  to  the  lands  granted  to   the   Senecas  of  San 

;1^-;  ^■^t^!'^'i^^f"  ''''''^'  ^'^"'"  ''^  ^'^«  ''^y  "^  Wasir.ngton.  on  the 
twenty-eighth  of  hobruary,  eighteen  hundred  and  thirty-one,  and 
the     Cherokee    settlements;      the    east    line    of  said     tract  sh-.ll    bo 

Senecas    ot    Sandusky,    and    the    south     line    shall    be    within     two 

miles  of  the    north    line  of  the    lands   held    bv   the    Cherokees  •"    and 

by  the  treaty  made  and  concluded  on  the  twonlV-nintl,  d  ,y  of  December 

AD    one  thousand   eight   hundred   and   thi.-ty-two,   with    the   united 

na. on  or  tribe  of  Senecas  and    Sbaw«ees,  by  whi'>h   that   united   tribe 

ceded,  rel.nrjuished  and  quit— claimed  to   the   [T„itod   States   all   thei- 

lands  west  of  the  Neosho  or  (^aud  river,  the   T^-itcMf    States  a-reed'  to 

grant,   by  patent    ,u  the   manner  thereinafter  mentioned,   the'country  ! 

therein  described  as  follows,  that  is  to  say  :  "  The  following  tract  of  land 

lying  on  the  east  side  of  Neosho  or  (Irand  river,  viz  :    Bounded  on  the 

east  by  the  west  hue  of  the  State  of  Missouri ;    south   by   the   present 

established    line   of  the   Cherokee   Indians;    w'est   by  Neosho  or '^^  J  rand 

rivei  ;  and  north  by  a  hne  running  parallel  with   said   south   line,  and 

extending  so  far  from  the  present  north  line  of  the  Seneca  Indians  from 

Sandusky,  as  to  contain  sixty  thousand  acres,  exclusive  of  the  land  now 

owned  by  said  Seneca  Indians,  (which  sai.l  b.mndaries  include,  however 

all  the  land    heretob,re   granted    said   Senecas  of  Sandusky,  on   the  easi 

res,  tbe  I  n,  ed  States  thcr. by  agree.!  to  grant,  by   two  letters   patenf; 
then.3rthhaH,,n.,uant.ty,to(hemixedbands.,fthe\SenecasandShawnee3 
l.l!r\r     .  ^f  ^7-^^f ^"'  =^'"'  t'^e  •^'^"th  half  to  the  Senecas  from  San- 
dusky    the  whole  to  be  occupied,  in  comm.,n,  so  long  as  the  said  tribes 
or  bands  sh.>uld  desire  the  same,  and  the  grant  to  b^  in  foe  simple,  but 
the  lands  m,t  to  he  sohj   or  coded    without   the  consent  of  the   Ih-itetl 
States  ;  which  lams  shal   not  be  so!d  or  ceded  by  the  said  tribes  or  band?,     r  ^<u  ^.t  ^o  i^N 
n,)r  shall  any  part  thereof  to  any  nation  or  people,  except  to  the  Confod- «»'''  -  «--l-<l  e^ 
erate  States,  or  to  any  individuals  whatever,  except  as  hereinafter  v,ro- "'^^  *'' '''^  ^- ^ 
v.ded ;  and  the  same  shall  v.^st   in   the  Confederate  States,   in  case  the 
said  tribes  or  bands,  respectively,  become  extinct  or  abandon  the  same 

AuTic.K  IV.  The  Seneca  tribe  of  Indians  aforesaid,  and  the  Senecaa  May  r.o.V^  «, 
and  Shawnces  alone  af-iresaid,  as  the  case  may  be,  may  resnectivclv  •^^■'^'^^■'  ''  t^« 
-by  a  majority  vote  of  the  whole  people  of  each,  respectively,  receive  and  Sc'^r'^'lS 


S76  TREATY  WITH  THE  SEl^ECAS   AND  SHAWNEES. 

laod?,  tbf!  In^lisng  incorporate,  each  in  itself,  as  members  of  the  tribe,  or  permit  to  settle 

of  furtaia  other  a^j  reside  upon  the  lands  of  the  tribe,  such  Shsivynees  of  Kansas,  or  In- 

*"■  dians  of  any  other  tribe,  in  amity  with   the  Confederate  States,  as  to  it 

Maj  sell  (irkase  may  seoni  good  ;  and  may  sell  such  Indians  portions  of  land,  in  ieeor  by 
land  to  etch  lu- less  estate,  or  lease   them  pcjrtions  thereof  for  years  or  otheiwise,  and 

Who  e'-tifle-i  t')  '"^•^^'•'^'♦^  ^^  itsown  use  the  price  and  consideration  of  such  salesor  leases;  and 
vote.  boJd  ofije,  it  alone  shall  determine  who  are  citizens  of  the  tiibe  entitled  to  vote  at 
ehare  iu  annuiti^*,  elections,  hold  office  or  share  the  aniiaities  or  other  mone3-s  uf  the  tribe 
cr   t    e    con.muii  ^^j.  ji^  jj^g  ^^jjjj^j^jjj  j^j^^g  .    /^y.,^j;/^/^,^/^  That  when  jiersoiis  of  another  tribe 

Proviso.  thall  once  have  been  received  as  members  of  either  of  said  tribes,  they 

fihall  not  be  disfranchised  or  subjected  to  any  other  restrictions  upon  the 
right  of  voting,  than  such  as  shall  apply  to  the  Senecas  or  Senecas  and 
Shawnees  respectively,  themselves.      But  no  Indians  of  any  other  tribe 
or  band  than  these  shall  be  ]ierniitted  to  come  within  their  country  to  reside 
without  the  cous^ent  and  license  of  the  people  of  each  tribe  respectively. 
Eeservatjin  of      ARTICLE  V.  The  right  is  hereby  reserved  to  the  Confederate  States  to 
land  for  liioian  geipgt.  in  any  unoccupied  part  of  the  country  of  cither  of  said  tribes  or 
egtnc;,.  bands,  if  they  should  desire  to  do  so,  a  tract  of  land  one  mile  f-quare  as 

a  reserve  and  site  t.r  au  agency,  for  the  said  tribes  and  for  the  Quapaw3 
and  Usages,  v/hich  shall  revert  to  the  tribe  in  whose  country  it  is  selected 
with  the  buildings  thereon,  whenever  it  shall  cease  to  be  occupied  as  aa 
agency. 
Ports  R.ad  Kili-  ARTICLE  VI.  The  Confederate  States  shall  have  the  right  to  establish 
tary  j>o«its.  j^^  j-j^g  g.^jj  country  such  forts  and  military  po.st3  as   they  may  deem  ne- 

cessary, and  shall  have  the  right  to  select  for  each  such  fort   or   post  a 
Proviso.  tract  of  land  one  mile  square,  on  which  such  fort  or  post  shall  be  estab- 

lished :    Frovideil,    That  if  any  person   have  any  improvements  on  any 
tract  so  selected,  the  value  of  such  improvements  shall  be  paid  by  the 
Government  to  the  owner  thereof. 
K'>    ejuleui'jnt      ARTICLE  VII.     JSo  person    whatever  shall  be   permitted  to  settle  or 
l>eiiMi(;ed upon  lie  pgj.jj^jg  ^p,)jj  \\^q  a";ency  reserve,  when  it  shall  have  been  selected,  except 

aiicucv  i-tiievvB   t r  ,         ,         '         .     .      ^  ..    v  ,-  .>  ■^■ 

tva    reserve    ftir '•>'  tlie  pern)issio7i  (.)i  the  agent,  nor  upon  any  reserve  tor  a  tort  or  niuitary 

furia,  &3.  post,  e.xcept  h\  tiie  permission  of  the  connnanding  othcer;  and  every  such 

reserve,  for  the  agency,  or  for  forts  or  military   posts,  shall   be    within   the 

sole  and  exclusive  juiisdiction  of  the  Confederate  States. 

Tlic  country  cf      Akticle    VIII.    The    ("onfedeiate    States    hereby   guarantee   that   the 

the  tribes  u(>t;<>  bo  (.Qijntry  hereby  secured  to  the  said    Senecas   and   Senecas   and    Sliawnees 

»i.^  sr, ".?,.?>,  ,•■.,„,■  shall  never  be  inclnded  within  the  bounds  of  any  State   or  Territory,  nor 

b<at«  or  Tc.iitoiy  shall  any  of  the  laws  of  any  State  or  Territoiy  ever  be  extendeil  over,  or 

Or  to  i>e  tjiiiAei- the  put  jji  foive  within  any  part  of  the  said  country;  and  the  President  of  the 

5  >-"reoi.  ^        Cont'eder.'ite  States  will  cau.-Je  the  said   tribes  to  be   protected   against  all 

ttffai\^3^jthert'ibe»'^^'*''^*^^''*^'*^^*"  *^'  *^''''''"'^^'''^*^ '^^  ^''^  ''**"  other  tribe  or  nation   of 

tT  persja*.  Indians,  or  of  any  other  person  or  persons  whatever;    and  he  shall    have 

the  same  care  and  superintendence  over  them  jvs  was  heretofore  had  by  the 

President  of  the  United  States. 

'■fmotirig    ftr.  d      AuiicLE  IX    The  nieuibers  of  the  said  Seneca  tribe  and  the  said  Seneca 

•--'&      ya'i-  •     j^j^jj  Shawnee  mixed  bamls  shall  h.ive  the  right,  herscetbrward,  of  hunting 

and  killing  game,  in  all  the  unoccupied  country  west  of  the. possessions  of 

the  Cherokees,  Seminoles,  Choctaws  and  Chickasaws,  without  molestation 

from  any  quarter,  being  while  so  engaged  therein  under  the  protection  of 

the  Confederate  States. 

rorp^t:ml  p(?:k;o      AisTiCLE  X.    There  shrdl  be  perpetual  peace  and  brotheiliood   between 

and  t>roth(.rln><>'i  the  Seneca  tribe  and  the  Shawnees  aforesaid,  and  the  Osages,  Chei-okees, 

p^g^'*?"  g^I^^^^g  Mtiskokis,  Seminoles,   Chocdaws  and   Chickasaws   and   the  bands  of  the 

wad.  other  uWm.     VVichitas,  Cado  lIadac;hos,  lluecos,  Ta-na-ca-ros,  Ana-dagh-cos,  Ton-ca-wes, 

Ki-chais,  Ai-n-iis,  Shawnees  and   Delawares  living  in   the  country  leased 

from  the  Choctaws  and  Chickasaws,  and  the  Pen-e-tegh-ca,  No-co-ni,  Fa- 


TREATY  WITH   THE  SENEGAS  AND  SHAWNEE3.  377 

nei-we,  Ya-parili-cft  and  f'o-cho-tili-ca  bands  of  the.  Xc-inn  or  Comanchea  ; 

and  fvcrv  iniiirv  or  act  of  liostililv  whidi  eitlier  lias  iioivtofoie   sii-^tainei.)      Injuries,  Ac,  to 

or  met  with  at  tlie  hands  of  the  oilier,  shall  be  forij^uen  and  toro;otten.        f,„.r„:iou. 

AnTiCLK  Xf.  The  Seneca  tribe  and  the  Sliawnces  aforesaid,  and  the  said     f  he  Sonecas  and 
several  other  nations  tribes  and  bands  shall  henceforth  be  good  neighbors  Shawneosand  oih- 
to  each  other,  and    there  shall   be  a  fr-e  and    frinidly    interconi-se  :i'iiong^/J^'^';''J/^  ^^K^°J 
them.       And   it  is  hereby  agreed   by  the  said  Seneca  tribe  and   the  said  oihur. 
Shawneos,  as  lias  already  ln-en  agreed   by  all  the   others,  that   the  liorses,     Rj^ht  <>f  prop- 
<-attle   and   other  stocdc   and   pioiK'rty  of  each    nation,  tribe  or  band,  and  eny  in  horses,  cat- 
everv  person  of  each,  is  his  or  its  own  ;  and  that  no   person    belonging  to*"*'  '*"'• 
the  i»enec,a8  or  Shawnees  aforesaid,  Jiall  or  will   hereafter  kill,  take  away 
or  injure  any  sn<d)  propeitv  of  another  tribe  or  band  or  of  any  Jiieniber  of 
anv  other  tribt-  or  band,  or  in  any  other  way  do  them  any  harm. 

Anrici.K  XIL     Esi»eciallv  there  shall    be  "perpetual   pea<e  and  friendship     I'orpetual  pf-aco 

,  ■  1  ,,  1  \.i  1'  •  1  1     ^1       r\  i\  and      friend.sh  p 

between  said  Senecas  and  bhawnees  atoresani,  and    the  (i)sages,  <,2>i''>l>!iws,  ^.^j^    ^^^^   o.^.u-es 

Cherokoes,    Miiskokis,  Seminoles,    (Jhoctaws  an<l    Cliickasaws;    and    the  and  other  Indiau 

Chiefs  and  headmen  of  the  said  Seneca  tribe  and  Shawnees  shall  rlo  all  in  nations. 

their  power  to   take  and   restore  any  negroes,    horses  or  other   property     Re  urn  of  stolen 

stolen    from    white  men   or  from    persons  belonging  to  either  of  said  five  P''"'^'"''''-^' 

nations;  and  to  catch  and  give  up  any  person  among  them  who  may  kill 

or  st^al  or  do  anv  otlier  evil  act. 

AitTicLK  Xlll.  In  order  that  the  friendship  now  established  between  the      No  private  re- 
Seneca  tribe  an<i  Siiawnees,  the  Confederate  States  and  the  other  J''«^i'»»>  ^it°f'',„**bo'^'t*l^*a 
Tialions,  tribes  and  bands  aforesaid,  may  not  be  interrupted  by  the  miseon- f^r  i„juriej|, 
duct   of    individuals,   or    bands   of     individuals,    it    is    hereby    agreed 
that   for   injuries   done    bv    individuals    no   private    revenge    or    letalia- 
tion  shall  take  place,  but  instead  tlieieof  complaint  shall   be  made  by  tho     Mode  of  redress, 
said  Seneca  tiilte  and  Shawnees  when  any  individual  thereof  is  injured,  to 
the  agent  of  the  Confeilerate  States  for  the  <  >R;iges  and  other   tril)es,  who 
shall   investigate  ihc  complaint,  and  if  he  finds  it  well  founded  shall  report 
the  same  to  the  superintendent,  wlio  will  cause  the  wrong  to  be  redressed, 

and  the  person  doino-  the  wroiio;  to  be  arretted,  whether  he  be  a  white  man 

II-  1  i'  .1  'i     II  I      .  •     I  i-      .1  1  I      »     *i  ,       Trial    and   pun- 

or  an  Imliau  ;   and  he  or  they  shall  be  tnel  tor  the  same  agieeal)!y  to  the  joj^^y^,^  ^f  wrong 

laws  of  the  Confederate  States  or  of  the  S'ate  or  Territory  against  whi(di  d„cr. 

he  may  have  otfendeil,  an. I  be  punished  in  the  same  manner  and  with  the 

same  severity,  as  if  the  injury  had   been  done  to  a  white  man.      An.l  it  '^  :^,r^!;\[''n^.  l!v  the 

also  agreed  that  if  any  member  of  the  Seneca  tril>e  or  any  oni!  «f  the  geneiasanJ  Shaw- 

Shawnees  shall  <lo  any  iujury  to  the  person  or  jnoperty  of  any  white  man  nees. 

or  of  a  member  of  any  other  Indian  nation  or  tribe  under  the  protection 

of  tlu'  Confederate  States,  tiie  offender  shall  be  given  up  to  the  agent  upon 

comjtlaint  made  to  him,  and  on  his  demand,  the  wrong  shall   be  redressed 

bv  him,  and  the  ofienderbe  tried  for  the  offence,  agreeably  to  the  laws  of  the 

Coidederate  States  or  of  the  Slate,  Territory  or  nation  against  which  he  may 

have  offended  :  ProvideJ,  That  heshall  be  punished  in  no  othermanner  nor     ^'ro^iMo. 

with  any  greater  severity  than  a  citizen  of  the  Confederate  Stales  or  of  such 

State,  Ten itorv  or  nation  would  be.  if  he  had  committed  the  sam(^  offence. 

Akticlr  XIV.    It  is  hereby  further  agreed  that  the  tMiiefs  of  the  Senecas     Tlor^es  or  other 

.and  of  the  Slmwnee-*  shall  use  every  exertion  in  their  powei' to  recover  anv  P""'*"^'rt.v  ftden  to 
,  ,  ,  ■ ,  ,         ,.  '      .  .  ..  .1      , .     •    b  e    r  e  t  u  r  ned   ti» 

liorses  or  otiier  property  that  may   be  stolen  from  any  citizen  ot  the  \  *^"- owner, 

federate  States  or  fiom    any  member  of  anv  other  Indian    nation  or  tribe 

under  the  protection  of  the  (Confederate  States,  by  any  person  or  persons 

whatever,  and  found  within  the  limits  of  their  country;  and  the  pro|>erty 

so  recovered  shall  be  fi>rthwith  delivered  to  the  owner  or  to  the  agent  to 

bo  restored  to  him.     If  in  any  ease  the  right  to  the   property   claimed  is   Proceeding  where 

contested  by  the  oerson  in   i>o<session,  the  agent   shall  summarilv  iuvesli-f'-'''  ''*   property 

,  '  {  ,      '    .  ,1        .        •      ■  /•       •.  I     n      1      •  I    -IS  coutesiod. 

gate  the  case,  hiki   upon  hearing   tiio  testimony  ot  witnesses,  sliall   decide 
the  right   to  the  property,  and  order  it  to   be  retained  or  deliverod   up 


378  TREATY  WITH  THE  SENEGAS  AND  SHAWNEES. 

Appeal.  accordingly.     Eitlier  party  may  appeal  from  his  decision  to  the  superinten- 

dent, whose,  decision  shall  be  final  in  all  cases,  the  property,  in  the  mean- 
Where    i-e.stitu-  time,  remaining  in  the  custody  of  the  agent.     If,  in  any  case,  the  exertions 
mado  tho'^v°lue^f^^  *''^  Chiefs  to  cause  the  restoration  of  stolen  property  prove  inetfectual, 
the  property  stolen  find  the  agent  is  satisfied  from   the  testimony  that  it  was  actually  stolen, 
to    be   deJucteil  or  received  with  knowledge  of  its  being  stolen,  bv  any   pei'son   belonoriug 
S'thjSbr^"'^'^  ^^  ^^^  Seneca  tribe  or  by'any  one  of  the  Shawuees,  he  shall   so  report  to 
the   superinteudeut,  with   a  copy  of  the  testiiuony,  which  shall   for  that 
pui'pose  be  always  reduced  to  writing;    and   the  superintendent  shall,  if 
satisfied  fiom  the  testimony,  deduct  from  the  annuity  of  the  tribe  a  sum 
equal  to  the  value  of  the  property  stolen. 
When  the  valne      ARTICLE  XV.    The  Confederate  States  liereby  guarantee  full  and  fair 

Vi  *''®.,/T"''^"'^iP''^viuent  to  the  owner  of  the  actual  and  fidl  value'of  all  horses  and  other 
stolen  will  be  pavJ  .        ^    i        ..  i    i         •  ,      r^  -i 

by  the  C.  S.  to  the  pi'operty  stolen  irom  any  person  or  persons  belongmg  to  the  beneca  tribe, 

owner.  or  being  of    the  Shawnees  aforesaid,   by  any  citizen  of  the   Confederate 

States  or  by  any  Indian  of  any  other  nation  or  tribe  under  ^Af  [ii']  pi'otection, 
in  case  the  same  cannot   be   recovered   and  restored,  and  upon   sulficient 
proof  being  made  before  the  superintendent  or  any  agent  of  the  Confede- 
rate States  for  any  such  nations  or  tribes,  that  such  property  was  actually 
stolen  by  a  citizen  or  citizens  of  the  Confederate  States  or   by  an  Indian 
or  Indians  of  any  nation  or  tribe  under  their  protection, 
r^fr"'"^*^'" '''^"      x^uTicLE  XVI.  An  agent  for  the  Great  and  Little  Osage  tribes,  the  Qua- 
paws,  Senecas  and  Senecas  and  Shawuees  shall  be  appointed  by  the  Presi- 
dent, and  an  interpreter  for  the  Seneca  tribe  and  one  for  the  Shawnees  for 
their  protection,  and  that  their  <tomplaints  may   be  heard  by,   and   their 
Where  to  re.side.  wants  made  known  to  the   President.     The  agent  shall  reside  contiuually 
in  the  country  of  one  or  the  other  of  said   tribes  or  bands,  and  the  inter- 
preter  shall  reside  continually  among  the  people  for  whom  he  is  employed, 
wilhoal"  eave.  '*''^*^  ^"^^  neither  of  them  shall  ever  be  absent  from  their  posts,  except  by  the  per- 
mission of  the  superintendent. 
No  councils  to      ARTICLE  XVII.  The  Senecas  and  the  Senecas  and  Shawnees  shall  hold  no 
the  conse^iit  ofThe  ^''^"^^^  ^^  councils  with  any  white  men  or  Indians  witliont   the  knowledge 
C.  S.  a»'l  consent  of  the  agent  of  the  Confederate  States.     An<l  they  especially 

agree  to  attend  no  councils  or  talks  in  the  country  of  any  people  or  with 
the  officers  or  agents  of  any  people  with  whom  the  Confederate  States  are 
at  war ;  atid  in  case  they  <lo  so,  all  the  benefits  secured   to  them  by  this 
_         treaty  shall  immediately  and  forever  cease, 
thecoumry  oMh"      ARTICLE  XVIII.    The  Confederate  States  will  not  permit  any  improper 
tribes.  persons  to  reside  or   be  in  the  country  of  the  Senecas,  or  in   that  of  the 

Senecas  and  Shawnees,  but  only  such  persons  as  are  employed  by  them, 
their  officers  oi-  agents,  and  traders  licensed  by  them,  who  shall  sell  to  the 
said  Indians  and  buy  from  [them]  at  fair  prices,  under  such  regulations  as 
the  President  shall  make  from  time  to  time. 

Tribes  left  free  Article  XIX.  No  State  or  Territory  shall  ever  pass  laws  for  the  govern- 
to  govern  ihem-  ,  ,.  ^,  .-,  .,  ,.  i  -  ,  '-,■  i^  , 
selves.                   ment  ot  the  Seneca   tribe  or  ot  the  Seneca   and   Shawnee    people ;    and 

except  so  tar  as  the  laws  of  the  Confederate  States  ai'e  in  force  in  their 
country,  they  shall  be  left  free  to  govern  themselves,  and  to  punish  offences 
committed  by  one  of  themselves  against  the  person  or  property  of  another: 
roviso.  Provided,  Tliat  if  one  of  them  kills  another,  without  good  cause  or  justi- 

fication, lie  shall  sufter  death,  but  only  by  the  sentence  of  the  Chiefs,  and 
after  a  fair  trial,  all  private  revenge  being  strictly  forliidden, 
"White  man  who      AuTicf.E  XX.  Every  white  mnn  who  marries  or  has  married  a  woman  of 

marries   a    wotniin  ti       o  i-  ^i    "  cu  i         •  i       •        i        .-i  n  i 

of  the  Senecas  or  ^^enecas  or  ot  the  Shawnees  and  resides  m  the  Seneca  or  Seneca  and 
the  Shawnees  Shawnee  country,  respectively,  shall  be  deemed  and  taken  even  after  the 
deerac't  to  be  a  death  of  his  wife,  to  be  a  member  of  the  tribe  in  which  he  marries  or  has 
tribe  po  far  as  to  "^'"■'''♦'^  **<^  f'-^^'  ^^  to  be  subject  to  its  laws  in  respect  to  all  oiTences  com- 
mitted in  its  country  against  the  person  or  property  of  another  member  of 


TREATY  WITH  THE  SENEGAS  AND  SHAWNEES.  9^ 

the  tribe  and  as  not  to  be  considered  a  white  man  connnitting  such  ofFenoe  be  jobjcot   lo  ita 
against  the  person  or  property  of  an   Indian,  within   the   meanin<r  of  the  l"^'"- 
act  of  Con irress  of  the  Confederate  States.     And  all  nec:roes  and  niulat-     Negroes  and  mu- 
1        1  ^     i-  •     •  1        .1-  •  -1  *  \     II    ;.   l&ttoesiu  like  man- 

toes,  bond  or  free,  coniniittmg  any  such  olience  in  said   country   shall,  in  ^^^  cu'.ioct  to  the 

like  manner,  be  subject  to  the  laws  of  the  tribe.  laws. 

Articlk  XXI.  The  Confederate  States  shall  have  the  right  to  establish,  /^^'*''Y'^  *'^** 
open  and  maintain  such  military  and  other  roads  throutrh  any  part  of  the  ° 
Seneca  or  Seneca  and  Shawnee  country  as  the  President  m;iy  deem  neces- 
sary, without  making  any  compensation  for  the  right  of  way,  or  for  the 
land,  timber  or  stone  used  in  constructing  the  same;  but  if  any  other 
property  of  the  tribe,  or  any  other  property  or  the  improvements  of  an  indi- 
vidual be  used  or  injured  therein,  just  and  adequate  compen.sation  shall  be 
made. 

Article  XXII.  The  Confederate  Slates  may  grant  tlie  right  of  way  for     l^i^'h*  »f '"'y  ^r 
any   railroad   through   any  part  of  the  Seneca  or  Seneca  and   Shawneo 
country  ;  but  the  company  to  whi<'h  any  such  right  of  way  may  be  granted 
shall  pay  the  tribe  therefor  through   whose  country  any  ])art  of  the  road 
runs  su(di  sums  as  in  the  opinion  of  the  President  be  its  fair  value;    and     Pavmont  of 
shall  also  pay  to  individuals  all  damages  done   by  the   building  of  said  «^ainag<j-(  to  indi- 
road  to  their  improvements  or  other  jirojierty  to  such  amount  in  each  case  ^"'"»'^- 
as  commissioners  appointed  by  the  President  shall  determine. 

Article  XXIII.  The  agent  of  the  Confederate  States  for  the  Osages  iHtrusiona  and 
and  other  tribes  shall  ])revent  all  intrusions  by  hunters  and  others  upon  the  j^,'^^*''[!j"^,{  oj'^ihe 
lands  of  the  Senecas  and  of  the  Senecas  and  Shawneos,  and  permit  no  y,.nooa?aiul  Shfiw- 
white  men  or  other  Indians  to  settle  thereon,  and  shall  remove  all  such  nca  t<>  h^>  pre- 
persons,  calling,  if  necessary,  ujton  the  military  power  for  aid  ;  and  the  ^*'"'*'^' 
commanders  of  military  posts  in  that  or  the  adjoining  coutitry  shall  bo 
required  to  atlord  him  such  aid  upon  his  re(]uisition. 

AilTiCLE  XXIV.  No  citizen  or  inhabitant  of"  the  (Confederate  States  "VTii>  not  to  pap- 
er lueuiber  of  any  friendly  nation  or  tribe  of  Indians  shall  pasture  stock  Jure  st-iok  on  their 
on  the  lands  of  the  Senecas  or  Senecas  and  Shawuees,  but  all  such  ''°'  '  •  .^  to 
persons  shall  have  full  liberty,  at  all  times,  and  whether  for  business  or  ,y.,^.gl  in  their 
pleasure,  peaceably  to  travel  in  their  country,  on  the  roads  or  elsewhere,  country,  and  drive 
to  drive  their  stock  through  tlie  same  and  to  halt  such  reason:ible  time  ^''^^<^'^  tlirungh  the 
on  the  way  as  may  be  necessary  to  recruit  their  stock,  such  delay  being  '" '  " 
in  good  faith  for  that  purpose  and  I'or  no  other. 

Article  XXV.  Any  person  duly  charged  with  a  criminal  offence  Surrender  of 
against  tlit  laws  of  the  Confederate  States,  or  of  any  State  or  Territory,  ["j^"'^*"*  j-om  jns- 
or  of  any  Indian  nation  or  tribe,  under  the  protection  of  the  Confederate 
States,  escaping  into  the  Seneca  or  Seneca  and  Shawnee  country,  shall 
be  promptly  tjiken  and  delivered  up  by  the  Chiefs  of  the  Senecas  or 
Senecas  and  Shawnces,  on  the  demand  of  the  proper  authority  of  the 
Confederate  States,  or  of  the  State,  Territory,  nation  or  tribe  within 
whose  jurisdiction  the  offence  shall  be  alleged  to  have  been  committed. 

Article  XXVI.  In  addition  to  the  laws  of  the  Confederate  States,  Laws  deolared 
expressly  applying  to  the  Indian  country,  so  much  of  their  laws  as '"  ^'®  ^'^  *'^'"'^- 
provides  for  the  punishment  of  crimes  amounting  to  felony  at  conmion 
law,  or  by  statute  against  their  law^,  authority  or  treaties,  and  over 
which  the  courts  of  the  Confederate  States  have  jurisdiction,  including 
the  counterfeiting  the  coin  of  the  United  States  or  of  the  Confederate 
States,  or  any  other  current  coin,  or  the  securities  of  the  Confederate 
States,  or  the  uttering  of  such  counterfeit  coin  or  securities;  and  so 
much  of  said  laws  as  provides  for  punishing  violations  of  the  neutrality 
law,  and  resistance  to  the  process  of  the  Confederate  States ;  and  all  the 
acts  of  the  provisional  Congress  providing  for  the  common  defence  and 
welfi#e,  .so  far  as  the  same  are  not  locally  inapplicable  ;  and  (he  laws 
providing  for  the  capture  and  delivery  of  fugitive  slaves,  shall  be  in 


380  TREATY  WITH  THE  SENEGAS  AND  SHAWNEES. 

Jurisdiction  o  f  force  ill  the  Seneoa  and   the   Seneca   and  Shawnee  coun'ry;  and   the 

district   court  for  ^j J ^^,.i^,t  court   ibr   the  Chalahki   District,  when   established,  sliall  have 
tne  Chalahki  dis-         ,      •        ■      •    i-    .•        ^    .  i  i  •  i      a-      i  •  . 

tj-ict,  exclusive  jurisuictiou  to  try,  condemn  and  jumisn  oiicnders  against  those 

laws,  to  adjudge  and  pronounce  sentence,  and  cause  execution  thereof  to 

be  done. 
Any  Seneca  or      Ar'.TifLE  XXYII.   Whenever  any  person,  who  is   a   member  of  the 
Shawnee   in(]icte  J  g^upc-i  qj.  fSeneca  and  Shawnee  tribe,  shall  be  indicted  for  any  offence  in 
in  any  court  i.f  the  .       i.   ,1        /■(      i-    -i        .       c.    ,  •  c.    ^  ^    1'         i     n    i. 

C    S    entitle.i  to '^"J  ^""''*'  "'*  *-"^  Lonlcderate  States,  or   m   a  State  court,  he  snail   be 

process  for  w  i  t  -  entitled,  as  of  common  right,  to  subpoena,  and,  if  necessary,  to  compul- 

iiesaes.  gory  process  foi  all  such  witnesses  in  his  behalf  as  his  counsel  may  think 

and"fee^?°ancl'^aii^e^^"''^^^^'''  ^^^  ^^^^  dei'ence ;  and  the   costs  of  process   for  such  witnesses 

age  of  witnesses.    a»d  of  the  service  thereof,  and  lees  and  mileage  of  such  witnesses  shall 

When  aecu.^-ed  be  paid  by  the   Coniederate   States;  and  whenever  the  accused   is  not 

couns  1*   ''^^'°°*'    able   to  eiuploy   counsel,   the   court   shall   assign   him  one   experienced 

counsel  for  his  defence,  who  shall  be  paid,  by  the  Confederate  States,  a 

reasonable  compensation  ibr  his  services,  to  be  fixed   by  the   court  and 

paid  uj  on  the  certificate  of  the  judge. 

Existing  laws        ARTICLE  XXA^III.  It  is  hereby  declared  and  agreed  that  the  institu- 

nsftges    and    cus-  tion  of  slavery  in  the  said   Seneca  and   Seneca  and    Shawnee  Tribes  is 

toms  in  regard  to  i^^p-al,  and  has  existed  from  tinje  immemorial  ;  that  slaves  are  personal 

slavery    declared  ,         ii     j.  ^i      i-*i     ^       1  1     »i,  ^     1       •        -^         •    •      • 

binding;.  property;  that  the  title  to  slaves  and  other  property  having  its  origin  in 

either  of  the  said   tribes  is  to   be  determined   by  the  laws  and  customs 
thereof;  and   that  the   slaves   and   personal   property  of   every    person 
domiciled  in  the  country  of  either  of  the  said  tribes  shall  pass  and  he  dis- 
tributed at  his  or  her  death,  in   accordance  with    the   laws,  usages  and 
customs  of  the  said  tribes,  which  may  be  proved  by  oral  evidence,  and  shall 
everywhere  be  held  valid  and  binding  within  the  scope  of  their  opera- 
tions.    And  if  any  slaves  escape  from  either  of  the  said  tribes,  the  laws 
of  the  Confederate  States  for  the  capture  and  delivery  of  fugitive  slaves 
shall  apply  to  such  cases,  whether  they  csca])e  into  a  State  or  Territory, 
or  into  any  Indian  nation  or  tribe  under  the  protection  of  the  Confede- 
rate States  ;  the  obligation   upon   eacli   such  State,  Territory,  nation  or 
tribe  to  deliver  up  the  same  being,  in  ever}'  case,  as  complete  as  if  they 
had  escaped  from  a  State,  and  the  mode  of  procedure  the  same. 
The  tribe.' made      ARTICLE  XXIX.  The  Scneca  Tribe  and  the  Shawnees  of  the  Seneca 
apiirty  to  the  ix-.md  Shawnee  Tribe,  hereby  make  themselves  parties  to  the  existing  Avar 
a'-ree   to^'^'furu'ish  between  the  Confederate   States  and  the   United   States  of  America,  as 
aid.  the' allies  and  wards   of  the   former;  and,  in    consideration  of  the  pro- 

tection guaranteed  by  this  treaty,  and  of  their  common  interests,  hereby 
agree  to  aid  in  defending  their  country  against  any  invasion  thereof  by 
Pay  of  the  war- the  common  enemy;  and  it  is  agreed  that  all  warriors  furnished  by  them 
r'iOTB.  for  the  service  of  the  Confederate  States,  and  which  shall  be  mustered 

into  that  service,  shall   receive   the   same  pay  and  allowances  as  other 
How    loEg    t  o  troops  of  the  same  cla.ss  therein,  and  remain  in  the  service  as  long  as  the 
set-fe.  President  shall  require. 

Debts  due  by  the  ARTICLE  XXX.  It  is  further  agreed  and  ascertained,  by  and  between 
U.  S.  to  tha  Seneca  ^]jg  Confederate  States  and  the  said  Seneca  Tribe  of  Indians,  formerly 
known  as  the  Senccas  of  Sandusky,  that  the  Uuited  States  of  America 
were,  while  the  several  States  of  the  Confederacy  were  members  of  the 
same,  and  still  remain  indebted  to  the  .said  Seneca  Tribe,  and  had  and 
still  have  in  their  hands  moneys  in  trust  for  the  said  tribes,  as  follows^ 
that  is  to  say: 

By  the  fourth  article  of  the  treaty  made  with  the  Wyandot,  Seneca 
and  other  tribes  of  Indians,  on  the  twenty-ninth  day  of  September,  A. 
D.,  one  thousand  eight  hundred  and  seventeen,  the  United. States  agreed 
and  bound  themselves  to  pay  annually,  forever,  to  the  Seneca  triffe,  the 
sum  of  five  hundred  dollars,  in  specie,  at  Lower  Sandusky; 


TREATY  WITH  THE  SENEGAS  AND  SHA^.VNEES.  S8I 

By  the  fourth  article  of  the  treaty  made  the  seventeonth  day  of 
September.  A.  D.,  one  thousand  ei'iJiht  hundred  and  eighteen,  with  the 
Wyandot,  .Seneca,  Shawnee  and  Ottawa  tribes  of  Indians,  the  United 
States  agreed  and  bound  themselves  to  pay,  to  the  Senecas  of  Sandusky, 
an  additional  annuity  of  five  hundred  dollars  forever  ; 

By  the  eighth  article  of  the  treaty  with  the  Seneca  Tribe  of  Sandusky, 
made  on  the  twenty- eighth  day  of  February,  A.  P.,  one  thousand  eight 
hundred  and  thirty-one,  the  United  States  agreed  to  sell  the  land  thereby 
ceded  to  them  by  the  said  tribe,  by  that  treaty;  and  it  was  that,  after 
certain  deductions  therefrom  to  be  made,  as  therein  specified,  any 
balance  that  might  remain,  «f  the  proceeds  of  sale  of  such  lands,  should 
constitute  a  fund  for  the  future  exigencies  of  the  tribe,  on  which  the 
United  States  would  pay  to  the  Chiefs  of  the  tribe,  for  the  use  and 
general  benefit  of  the  tribe,  annually,  five  per  centum  as  annuity;  which 
sales  being  accordingly  effected,  the  fund  thus  created  amounted  to  five 
thousand  dollars,  which  was  invested  by  the  United  States,  and  yet 
remains  invested,  in  five  per  cent,  stock  of  the  State  of  Kentucky,  now 
held  by  the  United  States; 

It  is  lurther  hereby  agreed  and  ascertained,  by  and  between  the  Con-     Dibtadueby  tho 
federate  Stiites  and  the  Shawnees,  of  the  said   Senccas  and  Shawuees  of^  ^-  lo'liemixtd 
Lewistown,  that  the  United   States  of  An)ericn  were,  while  the  several  j^^^j  jj^j^^.^^.^^ 
States  of  the  Confederacy  were  members  of  the  same,  and  still  remain, 
indebted  to  the  mixed  bands  of  Senecas  and  Shawnees,  and  had  and  still 
have  in  their  hands  moneys  in  trust  for  the  said  tiibe,  as  follows,  that  is 
to  say : 

By  the  fourth  article  of  the  trcnty,  made  with  tho  Wyandot,  Seneca, 
Shawnee  and  Ottawa  tribes,  on  the  seventeenth  day  of  Seftteniber,  A. 
I).,  one  thousand  eight  hundred  and  eighteen,  the  United  States  agreed 
and  bound  themselves  to  pay,  "  to  the  Shawnees  and  to  the  Senecas  of 
liCwistowa,"  an  additional  annuity  of  one  thousand  dollars  forever; 

By  the  eighth  article  of  the  treaty  made  with  the  mixed  band  of 
Seneca  and  Shawnee  Indians,  residing  at  and  around  Lewistown  in  the 
State  of  Ohio,  on  the  twentieth  day  of  July,  A.  I).,  one  thousand  eight 
hundred  and  thirty-one,  the  United  States  agreed  to  sell  the  lands  ceded 
to  them,  by  the  Senecas  and  Shawnees,  by  that  treaty;  and  it  was  klso 
agreed  that,  al'tcr  certain  deductions,  therein  provided  for,  any  balance 
of  the  proceeds  of  such  lands  that  might  remain  should  constitute  a  fund 
for  the  future  necessities  of  the  tribes,  on  which  the  United  States  would 
pay  the  Chiefs,  for  the  use  and  general  benefit  of  the  said  tribes,  annu- 
ally, five  per  centum,  as  an  annuity,  which  sales  being  accordingly 
effected,  the  fund  thus  created  amounted  to  sixteen  thousand  four 
hundred  and  sixty-six  dollars  and  ten  cents,  which  was  invested  by  the 
United  States,  and  yet  remains  invested,  as  follows,  that  is  to  say  : 

Six  thousand  dollars  in  five  per  cent,  stock  of  the  State  of  Kentucky; 

Seven  thousand  dollars  in  five  and  a  half  per  cent,  stock  of  the  State 
of  Missouri  ;  ^ 

Three  thousand  dollars  in  six  per  cent.'  sto*k  of  the  State  of  Missouri ; 

And  four  hundred  and  sixty-six  dollars  and  ten  cents  in  the  United  n  i 

States  six  per  cent,  loan  of  the  year  1847. 

Which  stocks  are  held  by  the  United  States,  and  the  annual  interest 
thereon  amounted  to  the  sum  of  eight  hundred  and  ninety-two  dollars 
and  ninety-six  cents.  • 

Therefore,  and  as  the  said  Senecas  and  the  Shawneee  aforesaid  are  indi- 
gent, and  have  nothing  to  expect  from  the  justice  of  the  northern  States, 
and  will  be  greatly  distressed  if  the  annual  payments  are  not  promptly 
made,  and  as  the  Confederate  States  do  not  wish  them  any  longer  to  look 


382  TREATY  WITH  THE  SENEGAS  AND  SIIAW2ifEES. 

Aauuil  pajmi-nu  to  tlie  northern  States  or  receive  any  moneys  from  them,  and  are  vrillingto 
»i;reed  to  be  made  make  the  necessary  advances  for  the  States  of  Missouri  and  Kentucky; 
by  tho  C.  S  to  the  Tj^^^gj;^,.^  jj  j^^  further  a-reed  by  the  said  Confederate  States  of  Amer- 
nees.  ^^^^^  that  they  will  pay  annually  lorever,  in  each  and  every  yearatter  the 

day  of  the  signing  of  this  treaty,  on  the  first  day  of  January  in  each 
year,  commencing  with  the  year  one  thousand  eight  hundred  and  sixty- 
two,  in  money ; 

To  the  Seneca  tribe,  formerly  known  as  the  Senecas  of  Sandusky,  to 
the  chiefs,  for  the  use  and  general  benefit  of  the  people,  one  thousand 
two  hundred  and  fifty  dollars ; 

And  to  the  Shawuees,  of  the  mixed  bands  of  the  Senecas  and  Shawoeea, 
formerly  of  Lewistown,  or  to  the  Senecas  and  Shawuees  together,  when 
the  Senecas  shall  have  united  in  this  treaty,  but  until  then,  to  the  Shaw- 
nees  alone,  to  the  Chiefs,  for  the  use  and  general  benefit  of  the  people, 
one  thousand  eight  hundred  and  ninety -two  dollars  and  ninety-six  cents. 
And  it  is  further  agreed  by  the  Confederate  States  that  they  will  look 
to  the  States  of  Missouri  and  Kentucky  for  re-payment  of  the  principal 
and  interest  of  the  said  sums  so  invested  in  their  stocks. 
Aanuitv  <iuo  bv      ARTICLE  XXXL   Whereas,  by  the  treaty  made  between  the  State  of 
tVio  Su^to  of  New  New  York  and  the  Cayuga  tribe  of  Indians,  in  the  month  of  June,  in 
YoTk  fo  the  Cayu- tiie  year  of  our   Lord,  one   thousand   eight   hundred   and   fifty,  it  was 
a^^members  of  the  "^o^^®^  *''^'^^'  ^^'^-  ^''^^'^  State  should  pay  annually  thereafter  forever,  on  the 
Scaeca  criVw.  first  day  of  June  in  each  year,  to  that  portion  of  the  Cayuga  tribe  which 

resided  wast,  the  sum  of  eleven  hundred  and  forty-six  dollars,  which  has 
been  regularly  paid  until  the  present  year,  and  the  check  of  the  Trea- 
surer of  the  State  of  New  York  on  the  Commercial  Bank  of  Albany,  in 
that  State,  for  the  payment  of  the  year  eighteen  hundred  and  sixty-one 
is  in  the  hands  of  Andrew  J.  Dorn,  the  agent  of  the  Osages  and  other 
tribes;  and  whereas,  the  Cayugas  of  the  west,  to  whom  the  said  annuity 
is  payable,  reside  among  and  are  fully  accepted  as  members  of  the 
Seneca  tribe  aforesaid,  with  the  exception  of  a  few  who  reside  among 
the  Senecas  and  Shawnees,  and  the  said  annuity  has,  therefore,  been  in 
each  year,  by  the  consent  of  all,  distributed  by  the  agent  among  all,  the 
Senecas,  formerly  known  as  the  Senecas  of  Sandusky,  and  such  Cayugas 
as  re.*ide  among  the  Senecas  and  Shawnees,  and  the  Cayugas  as  are  wil- 
ling it  shall  forever  continue  to  be  distributed  ;  and  whereas,  by  placing 
themselves  under  the  protection  of  the  Confederate  States,  the  Seneca.^ 
and  Cayugas  so  entitled  to  said  annuity  will  forfeit  the  same,  and,  in  all 
probability,  forever  : 
Tbo  0.  S.  airroe  Therefore,  it  is  hereby  further  agreed  by  the  Confederate  States,  that 
to  pay  tho  said  ;iu-  jj^gy  y^[\\  ^.^y  hereafter  annually  forever,  on  the  first  day  of  January  in 
each  year,  commencing  with  the  year  one  thousand  eight  hundred  and 
sixty-two,  to  the  said  Seneca  tribe  of  Indians,  including  the  Cayugas, 
and  to  the  Cayugas  residing  among  the  Senecas  and  Shawnees  jointly, 
the  said  sum  of  eleven  hundred  and  forty-six  dollars,  in  money ;  and 
that,  if  the  said  check  should  not  be  paid,  they  will  also  pay  the  amount 
thereof,  to  be  in  like  manner  distributed,  on  the  first  day  of  January, 
Proviso.  A.  D.,  one  thousand  eight  hundred  and  sixty-two  :     Provided,    That  if 

the  State  of  New  York  should,  at  any  time  hereafter,  resume  the  regular 
payment  of  the  said  annuity,  then  the  Confederate  States  shall  no  longer, 
Aaanity  to  be^^'''''^  '^^  continues  to  do  so,  be  bound  to  pay  the  same, 
paid  by  the  c.  S.  to  ARTICLE  XXXII.  Inasmuch  as  the  Seneca  tribe  and  the  Senecas  and 
the  beneca,  tribe  Shawnees  have  received  among  them  persons  of  the  Wyandot  tribe,  to 
o^f  "h'e^Cayu'a"  ^'^'■^  number  of  one  hundred  and  thirteen,  and  have  given  them  land  to 
Mnhawka,  M'yau-  live  on,  without  charge,  and  in  consideration  of  the  loyalty  of  the  Seneca  tribe, 
(iota,  i.u<i  Sonycas  including  the  Cayugas  and  Mohawks,  who  are  members  of  tlie  tribe  of  the 


TREATY  WITH  THE  SENEGAS  AKD  SHAWNEE3.  383 

Seriecas  af^resaid,  and  of  the  Wyandots  who  reside  among-  them,  and  of  of  tha   mixei 
their  ^rent  necessities,  the  Confederate  States  do  hereby  further  agiee  that'^*"'^- 
they  will  expend  in  each  and  every  year  hereafter,  for  the  term  of  twenty 
years  from   the  day  of  the  signing  of  this  treaty,  commencing   with  the 
year  one  thousand  eight  hundred  and  sixty-two,  and  in  the  early  part  of 
each  year,  the  sum  of  two  thousand  four  hundred   dollars,  for  the  benefit 
of  the  Seneca  tribe,  including  the  Cayugas  and  Mohawks,  who  form  part 
of  the  tribe  of  tlieShawnees  aforesaid,  forming  part  of  the  mixed  bands  of 
Senecas  and  Shawnees,  of  the  Wyandots  residing  among  eaih,  and  of  the 
Senecas  of  the  said  mixed  bands,  if  they  shall  unite  in  this  treaty,  but  not 
otherwise,  which  sum  of  money  shall  be  annually  expended   in  the  pur-     llow  expeodod. 
chase  by  the  superintendent,  at  first  cost  at  the   place  of  purcliase  in  the 
Confederate  States,  of  such  ai  tides  of  clothing,  blankets,  utensils,  and  other 
useful  articles  as  he  shall,  aided  by  the  report  and  recommendation  of  the 
agent  in  each  year,  judge  to  be  most  desirable,  and  as  will  conduce  to  the 
health  and  comfort  i>f  the  Indians;    and  whidi  article^s  shall  be  annually     Distribution    of 
distributed  bv  the  agent  as  e(iually  as  possible  among  the  persons   i-om- '"^"''''' P"'"*^^^''*'^*- 
posing  the  Seneca  tribe  as  aforesaid,  the  Shawnees  and  Wyandots  afore- 
said, and  the  Senecas  of  the  said  mixed  bands  of  Senecas  and  Shawnees; 
in  wliicli  distribution,  however,  regard  may  be  had   by  the  agent,  by  the 
advice  of  the  Chiefs,  to  the  character  anil  circumstances  of  the  recipients, 
and  the  needy  who  are  industiious  and  worthy  be  especially  provided  for, 
and  the  idle  and  disolute  not  be  encouraged. 

Artioi.k  XXXin.  The  Senecas  and  the  Senecas  and  Shawnees  not  being     School  ooasM. 
al)Ie  to  maintain  schools  nmong  them,  and   being  anxious  their  children 
should  not  grow  up  in  ignorance,  the  Confederate  States  herein  agree  to 
build  a  comfortable  school -house  in  eaidi  tril>e,  and  that  they  will  employ, 
during  the  term  of  twentv  years,  a  competent  male  teacher  and  a  compe-     Teacher?;   their 
tent  female  teacher,  pay  their  salaries  and  furnish    the  schools  with  the"'""'.'*" 
necessary  stationery  and  such  books  as  are  needed  for  instruction  in  fom- {,^'^1." '"'^''''^^    *" 
rnon  schools.      The  repairs  of  school-houses  shall   be  n)adc,  and  fuel  fur-    K.epair»  of  aohool 
nished,  by  the  Senecas  the  Senecas  and   Shawnees  and    Wyandots  them-  houses  and  fuel, 
selves;  and  the  schools  shall  bo  open  to  the  children  of  all  alike. 

Article  XXXIV.  Whenever  it  shall  be  desired  either  by  tlie  Scne-     r)ivision  ot  joint 
oas  or  the  Shawnees  of  the  mixed   bands,  after  the  said   Senecas  shall  ;'"°"i!^     between 
have  united  in  this  treaty,  a  division  ot  their  joint  annuity  ot  one  thou- tbo    Shawnet-s  of 
pand  eight  hundred  and  ninety-two  dollars  and  ninety-six  cents  shall  be  *'>«  raixtxl  bands, 
made  between  them,  in  the  ratio  of  their  numbers,  and  each  band  shall 
thereafter  receive  to  its  sole  use  the  share  of  the  said  annuity  belonging 
to  it,  as  thus  determined,  whatever  their  respective  numbers  may  after- 
wards be. 

Article  XXXV.  The  Confederate  States  will  also  furnish  the  Sene-  ifodioirca  aad- 
cas,  formerly  of  Sandusky,  and  the  Shawnees  aforesaid,  and  the  Senecas™®"^*  servicea. 
of  the  mixed  bands  when  they  shall  have  united  in  this  treaty,  with 
such  medicines  as  may  be  necessary,  and  will  employ  a  physician  for 
them  and  for  the  Quapaws,  who  shall  reside  at  a  convenient  place  in  the 
country  of  one  or  the  other  tribe,  during  the  pleasure  of  the  President ; 
and  any  physician  employed  shall  be  discharged  by  the  superintendent 
and  another  be  employed  in  his  place,  in  case  of  incompetency  or  inat- 
tention to  his  duties. 

Article  XXXVI.    The  Confederate  States  also  agree  to  employ  a     Biaokfmitb  and 
blacksmith  for  the  Senecas,  and  one  for  the  Senecai*  and  Shawneas  for,  ****'*      "" 
and  during  the  term  of,  twenty  years  from  the  date  of  this  treaty,  and 
an  assistant  for  each,  who  shall  be  one  of  the  Seneca  or  Shawnee  people,     •'♦'aponsa.tion. 

1  •  •  i'  iiii/^r-jii  t      f     J      bhop  aad    tools, 

and  receive  a  compensation  ot  two  hundred  and  ntty  dollars  per  annum,  and  co»i,  iron  oad 

And  they  will  also  furnish  each  blacksmith  a  dwelling  hou.se,  shop  and  ateeL 


384  TREATY  WITH   THE  SENEGAS  AND  SIIAWNEES. 

tools,  and  supply  each  shop  with  coal  and  with  six  hundred  founds  of. 
iron  and  one  hundred  pounds  ot*  steel  annually. 
Wagon-maker      AuTiCLE  XXXVII.     Ihe   Conlcderate   States  will  also  employ  one 
ind  vfheelwrigiit.   wagon-maker  and  wheelwright  for  the  Seneeas,  and  one  for  the  ISenecaa 
and  Shawuecs  fur,  and  during  the  term  of,  twenty  years  irom  the  date  of 
Shop,  tools  and  this  treaty,  and  furnish  each  with  a  dwelling  house,  shop,  tools,  and  the 
XDat«ri<ils.  necessary  materials. 

Wrist  and   saw      AuTiCLE  XXXVIII.  The  Confederate   States  also  hereby  agree  to 
™«il«-  build  and  put  in  running  order  for  the  :?«enecasand  the  Seneeas  and  Shaw- 

nees,  at  some  suitable  point  in  their  country,  convenient  to  both,  to  be, 
selected  by  the  agent,  a  good  grist  and  saw  mill,  and  to  deliver  tbe  same, 
when  completed,  to  the  Seneca  and  Seneca  and  Shawnee  people,  whose 
joint,  absolute  property  it  shall  at  once  become.     And  the  Conlcderate 
Millers.  States  will  also  employ,  fur  the  term  of  ten  years,  an  experienced  miller 

for  each   mill,  to   be   selected,  if  possible,  frim  among   the   Seneeas  or 
Shawnees,  and  if  such  millers  can  be  had  at  a  compensation  not  exceed- 
ing six  h-ndred  dollars  for  each  per  ynuum. 
Rifle    and  am-      ARTICLE  XXX IX.   The  (Confederate  States  hereby  agree  to  furnish 
ttHBition  for  each  each  Warrior  of  the  Seneca  Tribe,  and  of  the  Shawnees,  aioresaid,  and 
vFdrnor.  ^^  i\^q   Senecas  of  the   mixed   bands,  aioresaid,  when   they  shall   have 

united  in  this  treaty,  who  has  not  a  gun,  with  a  good   ritle,  atid  also  to 
furnish  each  warrior  of  the  same,  with  a  sufficient  supply  of  ammunitioa 
Trader  to  I  e  during  the  war. 
P'lnishLd  f.r  pui-      ARTICLE  XL.  If  any  trader  or  other  person  should  purchase  from  the 

chasing    artic  I  e  «  o  oi  i-  -i  /•     i  •    i  •  i  i         i 

given  by  the  0.  S.  Senecas  or  cliawnees,  aioresaid,  any  or  the  articles  given  them   by  the 
(ienoral  amnes- Confederate  States,  he  shall  be  sevevel}'  pui;ished. 

ty  declared.  ARTICLE  XLl.   A  general   amnesty  of  all   past  offen.es  against   the 

laws  of  the  United  States,  or  of  the  Confederate  States,  committed 
before  the  signing  of  this  treaty,  by  any  person  of  the  Seneca  Tribe,  or 
by  any  Shawnee  of  the  mixed  bands,  is  hereby  declared;  and  all  such' 
persons,  if  any,  charged  with  any  such  offence,  shall  receive  from  the 
President  full  and  free  pardon,  and  if  imprisoned  or  held  to  bail,  before 
or  after  conviction,  shall  be  discharged. 
Protection    and      ARTICLE  XLII.  The  Confederate  States  of  America  hereby  tender  to 

guarantees  «  x  -  ^j^^   Senecas,  of  the  mixed   bands  of  Senecas  and   Shawnees,  the   same 

tended  to   the  be-  .  '  i     i  i       •  i 

uecas  of  ihe  mix- protection   and   guarantees  as   are   hereby  extended   and  given   to  the 
ed  b:inds  of  ^ene  Seneca   Tribe,  and   to  the   Shawnees  aforesaid,  and   the   other   benefits 
cas  aud  Shawnees.  yflrgj.^,!  ty  tl^g   said  Senecas  specifically  by  this  treaty;  and   if  the  said 
Senecas,  of  the  mixed  bands,  shall   give   no  aid   to  the  enemies  of  the 
May  be  CO  m  e  Confederate   States,  and   shall,  within   one  yenr  from   the   day  of  the 
parties  to  fb  isgiguiug  ^f  ^hig  treaty,  enter  into  a  convention  whereby  they  shall  unite 
in  this  treaty,  and  shall  accept  and  agree  to  all  the  terms  and  conditions 
of  the  same,  then   it  shall,  to   all   intents  and   purposes,  be  regarded  as 
having  been  originally  made  with  them   also,  and  they  be  deemed  and 
taken  to  be  parties  hereto  as  if  they  were  now  to  sign  the  same. 
When  this  treaty      ARTICLE  XLIII.  This  convention  shall  be  obligatory  on  the  Seneca 
0  ta  e  e  cct.        Tribe,  and   on   the  Shawnees,  aforesaid,  of  the  mixed   bands,  from  the 
day  of  its  date,  and  on  the  ConfederaW  States  from  and  after  its  ratifica- 
tion by  the  Senate  or  provisional  Congress. 

In  testivwny  ichereoJ\  the  said  Albert  Pike,  as  Commissioner,  with 
plenary  powers,  on  the  part  of  the  Confederate  States, 
doth  now  hereunto  set  his  hand  and  affix  the  seal  of  his 
arms ;  and  the  undersigned,  Chiefs  and  headmen  of  the 
Seneca  Tribe  of  Indians,  and  of  the  Shawnees  of  the 
mixed  bands  of  Senecas  and  Shawnees,  do  hereunto  set 
their  hands  and  affix  their  seals. 


I  Seal.  | 


TREATY  WITH  THE  SENEGAS  AND  SHAWNEES.  ?85 

Thus  done  in  duplicate,  at  the  place  and  upon  the  day,  in  the  month 
;and  year  first  aforesaid. 

ALBERT  PIKE, 
■Commissioner  ef  the  •Confederate  States  to  the  Indian  Hci'wv.s  vje&i  ef 

Arkansas. 

LITTLE  TOWN  SPICER,  DAVID  SMITH, 

Principal  Chief  of  Scnrca  Tribe.  GEORGE  KERON, 

SMALL  CLOUD  SPICER,  C.  S.  InO-rpreier  for  the  ,'^e»fca  Tribe. 

Sf.conrl  Chief  of  Seneca  Tribe.  [Wrrrriom  nf  the  Seneca  Trib'.'] 

MOSES  CROW,  LEWIS  DAVIS, 

Conncillor  of  Seneca  Tribe.  Principal    Chief   of    the    Senecaa    and 

JOHN  MUSH,  Shaicneeo. 

Councillor  of  Seneca  <Tribe.  JOSEPH   MOHAWK, 
GEORGE  SPICER,  Scrond  Chief  of  the  Shavnr.es. 

Comicillor  of  Srnrcn  Tribe.  JOHN  TOMAHAWK, 

JOHN  SMITH,  WHITE  DEER, 

JAMES  KING  Councillor  of  the  Shatoneet. 

ISAAC  WARRIOR,  «ILAS  DOUGHERTY,      , 

JIM  lUG-BONE,  yvuTifuni  p rw""'"'- 

BUCK  ARMSTRONG,  ^™^J^^  ^^^^^f^^^    ^ 

__,    ,^„^.,r  ^  C.  is.  Interpreter  Jor  the  Shawnces. 

•JO  LKOW, 

Signed,  sealed  and  delivered  in  presence  of  us, 

WM.  QUESENBURY, 

Secretary  to  the  Cummissioner. 

E.  RECTOR, 

Superintendent  of  Indian  Affaire  0.  S, 

ANDREW  J.  DORN, 

C.  S.  Affcnt  for  Ofinffea,  Seneca*,  etc. 

W.  WARREN  JOHNSON, 
LUTHER  H.  PIKE, 
J.  W.  WASHBOURNE, 

Ho  the  Indian  names  are  subjoined  marks. 


RATIFICATION. 


[Resolved.,  (two-thirds  of  ConjCfress  concurring,)  That  the  Congress  pf    Dec.  21,  1861. 
the  Confederate  States  of  America,  do  adnse  and  consent  to  the  ratifica- 
tion of  the  articles  of  a  convention,  Jiiade  by  Albert  Pike,  Commissioner    RatiScation  by 
of  the  Confederate   States  to  the  Indian  nations  west  of  Arkansas,  in  ^"^'^'"'''^  of  the 

behalf  of  the  Ccnf«',derate  States,  of  the  one  part,  and  the  Seneca  Tribe  ofi'^ini^J  ^Kl^*^ 
"    T  !•  11  1      o<  /-Oil  i    1      - 1  neca?  and  onaw- 

mdians,  torraerly  known  as  the  Senecas  ot  Sandusky,  and  th*>  Shawnees  ofneis. 

the  tribe  or  confederacy  of  Senecas  and  Shawnees,  formerly  known  as  the 
Senecas  and  Shawnees  of  Lewistown,  or  the  mixed  bands  of  Senecas  and 
Shawnees,  each  tribe  for  itself,  by  the  chiefs  and  warriors  who  signed  the 
same  articles,  of  the  other  part,  concluded  at  Park  Hill,  in  the  Cherokee 
Nation,  on  the  fourth  day  of  October,  in  the  year  of  our  Lord,  one  thou- 
sand eight  hundred  and  sixty-one,  withe  following  amendment: 

AMENDMENT. 

In  article  twenty-seven,  at  the  end  of  the  words  "  or  in  a  State  court,"    Amdurfnnnt. 
add  the  following  words :  "  subject  to  the  laws  of  the  State." 

Note. — The  amendment  was  agreed  to  and  ratified  by  the  Senecaa  and  Shawnese  as 
a  part  of  the  treaty. 

25 


TREATY  WITH  THE  QUAPAWa 

OCIOBER  4th,  1S61. 


ARTICLES  OF  A  CONVENTION 

Ov.u  4,  iStil.  Evkred  into  and  concluded  at  Park  Hill,  in  the  Cherokee  JVation,  on  the 
fourth  day  of  October,  in  the  year  of  our  Lord^  one  thousand  eight  hun- 
dred and  sixty-one,  Idwctn  the  Confederate  States  of  America,  by  Albert 
Pike,  their  Co7nmissioher,  with  full  poiccrs,  ajipointcd  by  the  President, 
by  virtue  of  an  Act  of  the  Congress  in  that  behalf,  of  the  one  ^jart,  and 
the  Qv.apaiv  Tribe  of  Indians,  by  its  Chiefs  and  warriois,  who  have 
signed  these  articles,  of  the  other  2^^^'^^' 


TLo  Quapaws      Akticle  I.  The  Quapaw  Tribe  of  Indians,  and  all  tlie  persons  thereof,. 
Oder   tho  j.rotcr    -     -         -         -  -  ...  .       _  . 

lion  of  the  C.  S. 


ander  tho  j.rotcc- ^^^  liercby  place  theiusehes  under  the  la^s  and  protection  of  the  Confede- 


rate States  of  America,  in  peace  and  in  war,  foiever,  and  agree  to  be  true 
and  loyal  to  them  under  all  circumstances. 
TheC.S.  assume      Aeticle  II.  The  Confederate  States  of  America  do  hereby  promise  and 
the  protectorate,     firmly  engage  themselves  to  be,  during  all  time,  the  friends  and  protectors^ 
of  the  Quapaw  Tribe  of  Indians,  and  to  defend   and  secure  them  in  the 
enjoyment  of  all  their  rights ;  and  that  they  will  not  allow  them  hence- 
forward to  be  in  any  wise  troubled  or  molested  by  any  power  or  people^ 
State  or  person  whatever. 
Guarantee  to  the      Akticle  III.  The  Confederate  States  of  America  do  hereby  assure  and 

auupavfs  of  tbep-uarantee  to  the  Quapaw  Tribe  of  Indians,  the  exclusive  and  undisputed 

country  secured  to '^  ■  ,      ^  i      •  n  .•  i  in 

thfiii  by  ireatyP*^^^^^^'^"'  "^^  ^""  occupancy,  durmg  all  time,  as  long  as  grass  shall  grow 

with  the  U.  S.        and  water  run,  of  the  country  heretofore  secured  to  them  by  treaty  with 

the  United  States  of  America,  and  which  is  described  in  the  treaty  of  the 

thirteenth  day  of  May,  A.  D.,  one  thousand  eight  hundred  and  thirty-three, 

as  follows,  that  is  to  say  :  "  One  hundred  and  fifty  sections  of  land,  west  of 

the  State  of  Missouri,  and  between   the  lands  of  the   Senecas  and  ShaAV- 

nees,  not  heretofore  assigned  to  any  other  tribe  of  Indians  ;"  and  as  the  same 

was  afterwards  selected  and   assigned  to  said  Quapaw  Tribe,  and  is  now 

Lands  not  to  be  held  and  occupied  by  them  ;  which  lands  shall  not  be  sold  or  ceded  by  said 

3oid  or  ceded  ex- tribe,  nor  shall   any  part  thereof,  to  any  nation  or  people,  except  to  the 

o.p    0     e    .  >-.     Confederate  States,  nor  to  any  individuals  whatever,  except  as  hereinafter 

provided,  and  the  same  shall  vest  in  the  Confederate  States,  in  case  the 

said  tribe  becomes  extinct  or  abandons  the  same. 

KescrTation   of      Akticle  IV.  The  right  is  hereby  reserved  to  the  Confederate  States  to 

knd  for  In  di an  select,  in  any  unoccupied  part  of  said  country,  if  they  shall  desire  to  do 
agency.  ^       i.     i^  i       i  -i  "^  i     •       p  e 

SO,  a  tract  ot  land,  one  mile  square,  as  a  reserve  and  site  tor  an  agency  lor 

the  said  tribe,  which  shall  revert  to  the  said   tribe,  with  all  the  buildings 

thereon,  whenever  it  shall  cease  to  be  occupied  for  an  agency. 

Forta  and  mill-      Articlk  V.  The  Confederate  States  shall  have  the  right  to  establish  in 

tary  posts.  |}j,(.  ggj^)  country  such  forts  and  military  posts  as  they  may  deem  necessary,. 

and  shall  have  the  right  to  select  ior  each  such  fort  or  post,  a  tract  of 

land,  one  mile  square,  on  which  such  fort  or  post  shall  be  established : 


TREATY  WITH  THE  QUAPAWS.  337 

Provided   Th^t  if  any   person   have  any  improvements  on  any  tract  so 

selected,  the  vahie  of  such  improvements  shall  be  paid  by  the  Government 

to  the  owner  thereot. 

^Article  VI.  No  person  whatever  shall  be  permitted  to  settle  or  reside     No  settlement 

upon  the  agency  reserve,  when  it  shad  have  been  selected,  except  by  per- Permitted  upon  the 

mission  ot  the  agent;  nor  upon   any  reserve  for  a  fort  or  military  nost  "S^^^^  reserve  or 

except  by  the  permission  of  the  commanding  officer ;  and  every  such  ."eirve  It'/ Ac' ' '  ^°  ' 

tor  torts  or  military  posts,  shall   be  within   the  sole  and  exclusive  iurisdic-       " 

tion  ot  the  Confederate  States.  .1       ^  ^ 

Arn-rcLE  VII.  The  Confederate  States  hereby  agree  that  the  country  Th.  ..  .  . 
hereby  secured  to_  the  said  trib.  shall  never  be  incUufod  within  the  bounds  oitJXZTs\:l 
nny  State  or  Territory,  nor  shall  any  of  the  laws  of  any  State  or  Territory  *«  be  S  udod 
ever  be  extended  over,  or  put  in  force  within,  any  part  of  the  <;aid  ponnfr/-  '^'"""  ""^  bounds 
and  the  President  of  the  Contedorate  States,  willVause  the  said  tribe  to  U^^r^l;^:,  II 
piotected  against  all  molestation  or  disturbance  at  the  hands  of  any  other ""J^r  the  laws 
tribe  or  nation  ol  Indians,  or  of  any  other  person  or  j.ersons  whatever  •  and  ^''""■'"'*'- 
he  shall  have  the  same  care  and  supeiintcndcnee  over  them  as  was  I.pio  n  ^V^*  action 
tofore  had  by  the  President  of  the  United  States.  oi^Prfo^f ''"''^^ 

AimcLKyill    The  members  of  the  said  Quapaw  Tribe  of  Indians  shall     l[«nti„e    and 
have    he  right,  henceforward,  of  hunting  and  killing  game  in  all  the  unoc-killii)g  of'gamo! 
cupied   country  west  of   the   possessions   of   the  ^Cherokees,  Semiiioles 
Clioctaws  and  Chickasaws,  without  molestation  from  any  nuarter  beinrr' 
while  so  engaged  therein,  under  the  protection  of  the  Confederate  Sutc;' 

AkticleIX.   I  here  shall  be  pcMpetual  peace  and   biolheihoo.1  be  JSen     v.r    .    i 
the  Quapaw  Tnbe^of  Indians^and  the  Osages,  Senecas,  Senecas  and  SlTv  an'd'^C'therK 
nees  Mus-ko-kis  beminoles,  Choctaws  and  Chickasaws.  and  the  bands  of^-^'^^*--"  the  Qua- 
vvichijas,  Lado-ha-da-chos,  Hue-cos,  Ta-wa-caios,  An-a-ua<.-h-cos  Ton-fa  ^''r  '""'  °**'^'" 
wes,   v,-chais    Ai-o-nais,  Shawnees  and  Delawares,  living  in  the' country 
leased  from  the  Choctaws  and  Chirkasaws,  and  the  P.-nre-re-.h-cs  No-co-ni 
la-nei-we,  \  a-pa-nh-ca,  and  Co-dio-tih-ca  bands  of  the  Ne^Hn  o'r  Coman'     t  •    •       . 
ches;  and  eve.y  injury  or  act  of  hostility  which  either  hJ^^^tJ;::'^.^^'^:^':':^ 
tamed  or  met  with  at  the  hands  of  the  other,  shall  be  forgiven  and  foro-otten  <""''S'^"c"- 

AhticeX.  The  Q.apaw  Tribe  of  Indians,  and   the^aid   severaf  other'     The  Quapaws 
nations,  tnbes  and  bands  shall  henceforth  be  good  neighbors  to  each  other  and  other  trfbes  to 
and  there  shall  be  a  free  and  friendly  intercourse  amoncr  them       And  it  is  ^"^  ^'""'^  "eighbors 
hereby  agreed  by  the  said  Quapaw  Tribe,  as  has  already  been  agreed  by  '"  '"''  "*'"'• 
all  the  otaeis  that  the  horses,  cattle  and  other  stock  and  'propertyof  each     m.ru,  n- 
nation,  tribe  or  band,_and  of  every  person  of  each,  is  his^r Vs  cJwn ;  and  ty'ilfttr^SJl 
■lat  no  person  belonging  to  the  Quapaw  Tribe,  shall  or  will  hereafter  kill  "«'  ^'■ 
take  away  or  injure  any  siK^h  property  of  another  tribe  or  band,  or  of  any 
inember  of  any  other  tribe   or  band,  or  in   any  other  way  do  them  any 
harm.  ■'  -  J 

Article  X[.  Especially  there  shall  be  perpetual  peace  and  friendship     remetu.!  r,^. 
be  weeu  «aid  Quapaw  Tr  be  and  the  Osages,  Senecas"  Senecas  and  Shaw-uul'.En"!  ffi" 
uees,^UieroKees,  Mus-ko-kis,  Seminoles,  Choctaws  and  Chickasaws,  and  *^'"'    'he.^  Osages 
the  Chiefs  and  headmen  of  the  said  Quapaw  Tribe,  shall  do  all  in  their '"'.l'''^'"  ^"*^**° 
power   o  take  and   restore  any  negroes,  horses  or  other  property  stolen         "'     ,      , 
from  white  men  or  from  persons  belonging  to  either  of  said  nations  and  ,.  Sv"      ''°^'' 
tribes ;  and  to  catch  and  give  up  any  person  among  them  who  may  kill 
or  steal  or  do  any  other  evil  act. 

fhf^^'l'n  '^'"•i",'"^!5,^^f:^  ^^'^  f'-i^"^J«^ip  now  established  between  No  private  re 
the  said  Quapaw  Iribe  of  Indians  and  the  Confederate  States  and  the  -  n.o  or  retalla 
other  Indian  nations,  tribes  and  bauds  aforesaid,  may  not  be  interrupted''""  '"  ^"^  **''*'" 
by  the  misconduct  of  individuals  or  bands  of  individuals,  it  is  hereby  u"',h'J'o';'*'  """'■ 
agreed  that  for  injttries  done  by  individuals,  no  priyat^  rev;ngror  ^^'"'""• 
letahatioii  shall  take  place,  but  instead  thereof,  complaint  shall  be  made  v.i  .r  > 
by  the  said  Quapaw  Tribe  of  Indians,  when  'any  indiyidual  thereof  iS     '''''''' '''"'^- 


18^  TREATY  WITH  THE  QUAPAWS. 

injured,  to  the  agent  of  the  Confederate  States  for  the  Osages  and  other 
tribes,  who   shall  investigate  the   complaint,   and   if  he  finds  it  well- 
founded,  shall  report  the  same  to  the  Superintendent,  who  shall'cause 
the  wrong  to  he  redressed,  and  the  person  doing  to  be  arrested  whether 
Trial  and  pun- he  be  a  white  man  or  an  Indian;  and  he  or  they  shall  be  tried  for  the 
ishment  of  wrong  g^me  agreeably  to  the  laws  of  the  Coafederate  States,  or  of  the  State  or 
"^^  Territorj'  against  which  he  may  have  offended,  and  be  punished  in  the 

same  manner  and  with   the  same  severity,  as  if  the   injury  had   been 
Redress  for  in- done  to  a  white  man.     And  it  is  also  agreed  that  if  any  member  of  the 
jnries  done  by  tbe  Quapaw  Tribe  shall  do  any  injury  to  the  person  or  property  of  any  white 
(juapaws.  ^^^  ^^  ^^|.  ^  jj^gmj^gj.  of  anj'^  other  nation   or  tribe,  under  the  protection 

of  the  Confederate  States,  the  offender  shall  be  given  up  to  the  agent, 
upon  complaint  made  to  him,  and  on  his  demand,  the  wrong  shall  be 
redressed  by  him,  and  the  offender  hi  tried  for  the  offence,  agreeably  to 
the  laws  of  the  Confederate  States,  or  of  the  State,  Territory  or  nation 
Proviso.  against  which  he  may  offended  :  Provided,  That  he   shall  be  punished 

in  no  other  manner,  nor  with  any  greater  severity,  than  a   citizen   of 
the  Confederate  States,  or  of  such  State,  Territory  or  nation  would  be, 
if  he  had  committed  the  same  offence. 
Horaea  or  other      ARTICLE  XIII.  It  is  hereby  further  agreed  that  the  Chiefs  of  the 
property  stolen  to  Quapaw  Tribe  shall  use  every  exertion   in   their   power  to  recover  any 
owner"' °^        °  horses  or  other  property  that  may  be  stolen  from  any  citizen  of  the  Con- 
fe(^|:\te  States,  or  from  any  member  of  any  other  Indian  nation  or  tribe 
uu9§T  the  protection  of  the  Confederate  States,  by  any  person  or  persons 
whatever,  and  found  within  the  limits  of  their  country;  and  the  property 
so  recovered  shall  be  forthwith  delivered  to  the  owner  or  to  the  agent  to 
Proc  e  e  d  i  n  ghe  restored  to  him.     If,  in  any  case,  the  right  to   the  property  claimed 
■arhere  right  to  pro-  jg  contested  by  the  pcrson  in  possession,  the  agent  shall  summarily  inves- 
^^'^  ^  '  '  tigate  the  case,  and,  upon  hearing  the  testimony  of  witnesses,  shall  decide 

the  right  to  the  property,  and  order  it  to  be  detained  or  delivered  up 
Appeal.  -accordingly.     Either  party  may  appeal  from  his  decision  to  the  Superin- 

tendent, whose  decision  shall  be  final  in  all  cases,  the  property  in  the 
Where  reetora-  meantime  remaining  in  the  custody  of  the  agent.  If,  in  any  case,  the 
won  cannot  b e exertions  of  the  Chiefs  to  cause  the  restoration  of  stolen  property  prove 
made,  the  valuo^of -^gg-gg^yg}^  ^jj^j  j^l^g  agent  is  satisfied  from  the  testimony  that  it  wa.s 
to  be  deducted  actually  stolen,  or  received  with  knowledge  of  its  being  stolen,  by  any 
from  the  annuity  of  person  belonging  to  the  Quapaw  Tribe,  he  shall  so  report  to  the  Super- 
the  tribe.  inteudent,  with  a  copy  of  the  testimony,  which  shall,  for  that  purpose, 

be  always  reduced  to  writing;  and  the  Superintendent  shall,  if  satisfied 
from  the  testimony,  deduct  from  the  annuity  of  the  Tribe  a  sum  equal 
to  the  value  of  the  property  stolen. 
When  the  value      ARTICLE  XIV.  The  Confederate  States  hereby  guarantee  full  and  fair 
of  the  property  payment,  to  the  owner,  of  the  actual  and  full  value  of  all  horses  and 
b^lh'e  c' S  to^the^^^'^'"  P^'operty  stolen   from   any  person    or   persons  belonging   to    the 
owner.   *    '  Quapaw   Tribe,  by  any  citizen   of  the  Confederate   States,  or  by  any 

Indian  of  any  other  nation  or  tribe  under  their  protection,  in  case  the 
same  cannot  be  recovered  and  restored,  and  upon  sufficient  proof  being 
made  before  the  vSuperintendent,  or  any  agent  of  the  Confederate  States, 
for  any  such  nations  or  tribe^,  that  such  property  was  actually  stolen  by 
a  citizen  or  citizens  of  the  Confederate  States,  or  by  an  Indian  or  Indians 
of  any  nation  or  tribe  under  their  protection. 
Agent  and  In-  ARTICLE  XV.  An  agent  for  the  Great  and  Little  Osage  Tribes,  the 
t-erpreter.  Quapaws,  Senecas,  and  Senecas  and  Shawnees  shall  be  appointed  by  the 

President,  and  an  Interpreter  for  the  Quapaw  Tribe  for  their  protection, 
and  that  their  complaints  may  be  heard  by  and  their  wants  made  known 
Whereto  reside,  to  the  President.     The  agent  shall  reside  continually  in  the  country  of 
one  or  the  other  of  said  tribes  or  bands,  and  the  interpreter  shall  reside 


TREATY  WITH  THE  QUAPAWS.  889 

V 

continually  amongst  the  Quapaws,  and  neither  of  them  shall  ever  be     Not  to  be  abgent 
absent  from  their  posts,  except  by  permission  of  the  Superintendent.        wit  out  eave. 

Article  XVI.  None  of  the  braves  of  the  Quapaw  Tribe  shall  go    No   war  to  be 
upon  the  war  path,  against  any  enemy  whatever,  except  with  tre  consent  ^^^sed  or  councils 
of  the  agent,  or  unless  it  be  to   pursue  hostile   bands  of  wbife  men  or^'^g  consent  oAhe 
Indians  entering  their  country  and  committing  murder,  robbery  oi"  other  agent, 
outrage,  when  immediate  pursuit  is  necessary ;  nor  shall  hold  any  talks 
or  councils  with  any  white  men  or  Indians  without  his  knowledge  and 
consent.     And  they  especially  agree  to  attend   no  councils  or  talks  in 
the  country  of  any  people,  with  whom  the  Confederate  States  are  at  war; 
and  in  case  they  do  so,  all  the  benefits  secured  to  them  by  this  treaty 
shall  immediately  and  forever  cease. 

Article  XVII.  The  Confederate  States  will  not  permit  any  improper     Who  may  live  in 
person  to  reside  or  be  in  the  Quapaw  country,  but  only  such  persons  astl»e  Quapaw  ooun- 
are  employed  by  them,  their  officers  or  agents,  and  traders,  licensed  by  ^^' 
them,  who  shall  sell  to  the  Quapaws  and  buy  from  them,  at  fair  prices, 
under  such  regulations  as  the  President  shall  make  from  time  to  time. 

Article  XVIII.  No  State  or  Territory  shall  ever  pass  laws  for  the     The  Qua  raws 
government  of  the  Quapaw  people  ;  and  except  so  far  as  the  laws  of  the  ^^^^  '""'ee  to  govern 
Confederate  States  are  in  force  in  their  country,  they  shall  be  left  free*'  **^*®^''*'^- 
to  govern  themselves,  and  to  punish  offences  committed  by  one  of  them- 
selves against  the  person  or  property  of  another  :  Provided,  That  if  one     rroviso. 
of  them  kills  another,  without  good  cause  or  justification,  he  shall  suffer 
death,  but  only  by  the  sentence  of  the  Chiefs,  and  after  a  fair  trial,  all 
private  revenge  being  strictly  forbidden. 

Article  XIX.  Every  white  man  who  marries  a  woman  of  the  White  man  wh» 
Quapaws,  and  resides  in  the  Quapaw  country,  shall  be  deemed  and  taken,  "lames  a  woman 
even  after  the  death  of  his  wife,  to  be  a  Quapaw  and  a  member  of  the  deemed  to  le  a 
tribe,  so  far  as  to  be  subject  to  its  laws  in  respect  to  all  offences  commit-  Quap.aw  .so  far  aa 
ted  in  its  country  against  the  person  or  property  of  another  member  ofj*'  Ix*  subject  to  the 
his  tribe,  and  as  not  to  be  considered  a  white  man  committing  such  offence 
against  the  person  or  property  of  an  Indian,  within  the  meaning  of  the 
acts  of  the  Congress  of  the  Confederate  States.  And  all  negroes  or  Negroes  ana 
mulattoes,  bond  or  free,  committintr  auv  such   offence  in   said  country,  "•"^'^''*'""-'*  '"  J''^* 

,,,.,.,  1  1  •  11  f.     1       ,    -1  •'-^manner  .subicct  to 

shall  in  like  manner  be  subject  to  the  laws  or  the  tribe.  the  jj^^s  of  th« 

Article  XX.  The  Confederate  States  shall  have  the  right  to  estab- tribe, 
lish,  open  and  maintain  such  military  and  other-  roads  through  any  part  ^'^''"'^^  ^^^ 
of  the  Quapaw  country,  as  the  President  may  deem  necessary,  without 
making  any  compensation  for  the  right  of  way,  or  for  the  land,  timber 
or  stone  used  in  constructing  the  same ;  but  if  any  other  property  of  the 
tribe,  or  any  other  property  or  the  improvements  of  an  individual  be 
used  or  injured  therein,  just  and  adequate  compensation  shall  be  made. 

Article  XXI.  The  Confederate  States  may  grant  the  right  of  way     Right  of  way 
for  any   railroad   through   any   part   of  the   Quapaw   country ;  but  the  for  railroads, 
company  to  which  any  such  right  may  be  granted  shall  pay  to  the  tribe 
therefor  such  sum  as  shall,  in  the  opinion  of  the   President,  be  its  fair 
value;  and  shall  also  pay  to  individuals  all  damages  done  by  the  build-     Payment  of 
ing  of  said  road  to  their  improvements  or  other  property,  to  such  amount ''Pf'*^®^  *•  '"'^'' 
in  each  case  as  commissioners  appointed  by  the  President  shall  deter- 
mine. 

Article  XXII.  The  agent  of  the  Confederate  States,  for  tha  Osages     Intrasions    and 
and  other   tribes,  shall   prevent  all   intrusions,  by  hunters  and   others,  |'*^"''™''T'*  ^KV^ 
upon  the   lands  of  the   Quapaws,  and   permit  no  white  m«n  or  other  Q^^^^^g  to  be 
Indians  to  settle  thereon,  and  shall  remove  all  such  persons,  calling,  if  prevented, 
necessary,  upon  the  military  power  for  aid  ;  and    the   commanders  of 
military  posts,  in  that  or  the  adjoining  country,  shall  be  required  to 
afford  him  such  aid  upon  his  requisition. 


890  TREATY  WITH  THE  QUAPAWS. 

The  Quap  a  tv  s      ARTICLE  XXIII.  The  Quapaws  may  allow  persons  of  ouy  other  tribe 
may   allow   other  ^^  Indians  to  settle  among  them,  and  may  receive  from  them  for  their 
amoD"  thein.         o'^n  benefit,  compensation   for  such  lands   as  the}'  may  sell  or  assign  to 
such  persons. 
Who  not  to  pas-      ARTICLE  XXIY.  No  citizen  or  inhabitant  of  the  Confederate  States 
ture  stock  on  their  q,,  nign^bgi.  of  any  friendly  nation  or  tribe  of  Indians,  shall  pasture  stock 
'  Liberty  given  to  01  tbe  lands  of  the  Quapaws,  but  all  such  persons  shall  have  full  liberty, 
travel  iu  t  h  e  i  r  at  all  times,  and  whether  for  business  or  pleasure,  peaceably  to  travel  in 
country,  aud  drive  tj^gi^.  country,  on  the  roads  or  elsewhere,  to   drive  their  stock  through 
same.  '^  ^^^  same,  and  to  halt  such  reasonable  time  on  the  way  as  may  be  neces- 

sary to  recruit  their  stock,  such  delay  being  in  good  foith  for  that  pur- 
pose and  no  other. 
Surrender  of  fu-      ARTICLE  XXV.  Any   person   duly  charged   with   a  criminal   offence 
ficr"^   ^^°™  ■'"^"  against  the  laws  of  the  Confederate  Statesror  of  any  State  or  Territory, 
or  of  an}' Indian  nation  or  tribe  under  the  protection  of  the  Confederate 
States,  escaping  into  the  Quapaw  country,  shall  be  promptly  taken  and 
delivered  up  by  the  Chiefs  of  the  Quapaws,  on  the  demand  of  the  proper 
authority  of  the  Confederate  States,  or  of  the  State,  Territory,  nation  or 
tribe  within  whose  jurisdiction  the  offence  shall  be  alleged  to  have  been 
committed. 
Laws  declared      ARTICLE  XXVI.  In  addition  to  the  laws  of  the  Confederate  States. 
to  be  in  force  in  expressly  applying  to  the  Indian  country,  so  much  of  their  laws  as  pro- 
the  Quapaw  coun-     •  i       j?      .  i  •  i  l     £■       ■  i.-        j.     p  i  i.  i 

^  '  vides  tor  the  punisliment  oi  crimes  amounting  to  lelony  at  common  law. 

or  by  statute  against  their  laws,  authority  or  treaties,  and  over  which 

the  courts   of  the   Confederate  States  have  jurisdiction,  including  the 

counterfeiting  the   coin   of  the   United   States,   or  of  the   Confederate 

States,  or  any  other  current  coin,  or  the  securities   of  the  Confederate 

States,  or  the   uttering  of  such   counterfeit   coin   or  securities;  and  so 

much  of  said  laws  as  provides  for  punishing  violations  of  the  neutrality 

laws,  and  resistance  to  the  process  of  the  Confederate  States;  and  all  the 

acts  of  the  provisional  Congress  providing  for  the  common  defence  and 

welfare,  so  far  as  the  same  are  not  locally  inapplicable ;  and  the  laws 

providing  for  the   capture   and   delivery  of  fugitive  slaves,  shall  be  in 

Jurisdiction  of  force  in  the  Quapa;/ country ;  and  the  district  court  for  Chalahki  district. 

district  court   for  -when  established,  shall  have  exclusive  jurisdiction  to  try,  condemn  and 

trkt.  ^'^  ^    '     '^'  P"'^i'''^'i  offenders  against  those  laws,  to  adjudge  and  pronounce  sentence, 

and  cause  execution  thereof  to  be  done. 

Any  of  the  Qua-      ARTICLE  XXVII.  Whenever  any  person,  who  is  a  member  of  the 

paws  .indicted   in  Qy^^.-,^  rjij.jjj^   gi-jjilj  ipg   indicted   for  anv  offence   in   any  court  of  the 

«iti"v   court   01    tilt!  "  *^ 

C.  S.  or  State  court  Confederate  States,  or  in  a  State  court,  he  shall  be  entitled,  as  of  corn- 
entitled  to  process  mon  right,  to  subpccna,  and,  if  necessary,  to  compulsory  process  for  all 
for  witnesses.  such  witnesses  in  his  behalf  as  his  counsel  may  think  material  for  his 
Costs  of  process  defence  :  and  the  costs  of  process  for  such  witnesses,  and  of  the  service 
paid  by  C.  S.  thereof,  and  fees  and  mileage  of  such  witnesses  shall  be  paid  by  the 
may  'be  assi'nied  Confederate  States ;  and  whenever  the  accused  is  not  able  to  employ 
counsel.  counsel,  the   csurt   shall   assign   him   one   experienced   counsel   for  his 

defence,  who  shall  be  paid  by  the  Confederate  States  a  reasonable  com- 
pensation for  his  services,  to  be  fixed   by  the  court,  and  paid   upon  the 
certificate  of  the  judge. 
Existing  laws,      ARTICLE  XXVIII.  It  is  hereby  declared  and  agreed  that  the  institu- 
usages  and  eus-^JQjj  Qf  slavery  in  the  said  Quapaw  Tribe  is  le<ral  and  has  existed  from 
in  regard  to  slave-  ...  •    i      -i    i.     i  ixj.ii.ii       i-ii     i 

ry.  declared  bind- '^^^*^  ^^"^^^™'^^''^' j  ^"^''  slaves   are  personal   property;  that  the  title  to 
ing.  slaves  and  other  propertj^  having  its  origin  in   the  said  tribe  is  to  be 

determined  by  the  laws  and  customs  thereof;  and  that  the  slaves  and 
personal  property  of  every  person  domiciled  in  the  country  of  said  tribe 
shall  pass  and  be  distrib'uted  at  his  or  her  death,  iu  accordance  with  the 
laws,  usages  and  customs  of  the  said  tribe,  which  may  be  proved  by  orjrt 


TREATY  WITH  THE  QUAPAWS  391 

evidence,  and  shall  everywhere  be  held  valid  and  binding  within  the 
scope  of  their  operation.  And  if  any  slave  escape  from  said  tribe,  the 
laws  of  the  Confederate  States,  for  the  capture  and  delivery  of  fugitive 
slaves,  shall  apply  to  such  cases,  whether  they  escape  into  a  State  or  Ter- 
ritory or  into  any  Indian  nation  or  tribe,  under  the  protection  of  the 
Confederate  States;  tlic  obligation  upon  each  such  State, Territory,  nation 
or  tribe  to  deliver  up  the  same  being  in  every  case  as  complete  as  if  they 
had  escaped  from  a  State,  and  the  mode  of  procedure  the  same. 

Article  XXIX.  The  Quapaw   Tribe  of  Indians  hereby  makes  itself    fj^'^   \"^'^f  ]^ 
a  party  to  the  existinr>-  war   between   the   Confederate   States  and   tlie  ^  p^Ttv  to  the  es- 
United  States  of  America,  as  the  ally  and  ward  of  the  former;  and,  in  i.oUng'  war    and 
consideration  of  the  protection  guaranteed   by  this  treaty,  and  of  their  f^g^ccs  to  fnrclEh 
common  interests,  hereby  agrees  to  aid  in  defending  its  country  against'"^'  " 
any  invasion  thereof  by  the  common  enemy;  and  it  is  agreed  that  all     Pfiy  of  warrlora. 
warriors  furnished  by  it  for  the  service  of  the  Confederate  States,  and 
which  shall  be  unistered  into  that  service,  shall  receive  the  same  pay 
and  allowances  as  other  troops  of  the  same  class  therein,  and  remain  in     ^^"^^  long  tc 
the  service  as  long  as  the  President  shall  require. 

Articlk  XXX.  The  Confederate  States  hereby  agree  to  furnish  each     Rifle  and  <acnnu- 

warrior  of  the  Quapaw  Tribe,  who  has  not  a  gun,  with  a  gm)d  rifle,  and  "^''"?  ^°^  *'•''<'*' 

^  .  ,  ,  ^  -  .  .       warrior, 

also  to  furnish   each   warrior  with  a  sufficient  supply  of  ammunition 

during  the  war. 

Article  XXXI.  The  Confederate  States  will  also  furnish  the  Qua-     Me.licines  and 
paws,  at  a  proper  place,  with  such  medicines  as  may  be  necessary,  and  "^  services, 

will  employ  a  physician  for  them  and  for  the  Scnccas  and  Scnecas  and 
Shawnees,  who  shall  reside  at  a  convenient  place  in  the  country  of  one 
or  the  other  tribe,  during  the  pleasure  of  the  President;  and  any 
physician  employed  shall  be  discharged  by  the  Superintendent,  and 
another  be  employed  in  his  place,  in  case  of  incompency  or  inattention 
to  his  duties. 

Article  XXXII.  In  consideration  of  the  uniform  loyalty  and  good     The  C.  S.  agree 
conduct  of  the  Quapaw  Tribe,  and  of  their  necessities,  arising  from  the  1?  -^^^'^^^J^n  ^l 
sale  by  them  of  their  lands  in  Arkansas  for  a  grossly  inadequate  price,  nually.  "for  twenty 
by  the  treaty  of  the  year  one  thousand  eight  hundred  and  twenty-four,  years. 
the  Confederate  States   hereby  agree  to  expend,  for  the  benefit   of  the 
Quapaws,  in  each  year,  for   and  during  the  term  of  twenty  years  from 
the  day  of  the  signing  of  this  treaty,  commencing  with  the  3-Gar  one 
thousand  eight  hundred  and  six(y-two,  the  sum  of  two  thousand  dollars, 
which  shall  be  applied  each  year  by  the  Superintendent  to  the  purchase     How  fumi  to  V« 
of  articles  costing  that  sum  at  the  place  of  purchase  in  the  Confederate "l^p''*'^'" 
States,  to  consist  of  blatikets,  clothing,  tobacco,  household  and  kitchen 
furniture  and   utensils,  and   other  articles  of  case  and    comfort  for  the 
Quapaws,   which   shall  be   distributed   among  them   by   the   agent,   as 
equally  as  possible,  regard  being  had  in  the  distribution  to  the  character 
for  industry  or  idleness,  and  good  or  bad   conduct,  on   the   part  of  the 
recipient,  as  well  as  the  necessities  of  each,  so  that  the  good  and  the 
needy  shall  be  preferred  ;  and  in  detcrniining  which,  the  agent  shall  pay 
due  respect  to  the  opinions  and  judgment  of  the  chiefs. 

Article  XXXITI.  The  Confederate  States  also  agree  to  employ  a     I>lacksmitb  atd 
blacksmith  for  the  Quapaws,  for  and  during  the  term  of  twenty  years '^^''^'"■'^*' 
from  the  date  of  this  treaty,  and   an  assistant,  who  shall  be  one  of  the 
Quapaw  people,  and  receive  a  compensation  of  two  hundred  and  fifty  dol-     Compensation, 
lars  per  annum.   And  they  will  also  furnish  the  blacksmith  with  a  dwelling 
house,  shop  and  tools,  and  supply  the  shop  with  coal,  and  with  six  hun-     (-oaf  Tron"*aBd 
dred  pounds  of  iron,  and  one  hundred  pounds  of  steel,  annually.  .=tcol. 

Article  XXXIV.  The  Confederate  States  will  also  employ  one  wagon-     Wngon  mafccT- 
iajaker  and  wheelwright  for  the  Quapaws,  for  and  during  the  term  of  ""'^ '"'''"' ''"^^*'" 


892  TREATY  WITH  THE  QUAPAWS. 

Shf.p,  tr.olj  and  twenty  years  from  the   date   of  this  treaty,  and  furnish   him  with  fa 
ina,tcria.c;.  dwelling  house,  shops,  tools  and  the  necessary  materials. 

Crist   aud  fa*/      ARTICLE  XXXV.  The  Confederate  States  hereby  agree  ta  build  and 
**»"^-  put  in  running  order  for  the  Quapaws,  at  some  suitable  point  in  their- 

country,  to  be  selected  by  the  agent,  a  good  grist  and  saw  mill,  and  to-- 
deliver  the  same,  when  completed,  to  the  Quapaw  people,  whose  abso- 
lute property  it  shall  at  once  become.  And  the  Confederate  States  will- 
also  employ,  for  the  term  of  ten  years,  an  experienced  miller  for  each 
'^"'  .  mill,  to  be  selected,  if  possible,  from  among  the  Quapaws,  and  if  such 
Compeiisa  ioe.    jj^jjigj,g  (>an  be  had  at  a  compensation  not  exceeding  six  hundred  dollar* 

per  annum  for  each. 
Wago  n  s  a  n  d      ARTICLE  XXXVI.  The  Confederate  States  also  further  agree  to  pur- 
horse ""ean**      '    chase,  for  the  Quapaws,  four  good  wagons  and  harness  for  four  horses  for 
each  wagon,  ten  yoke  oxen,  and  ten  sets  of  horse  gear  complete,  to  be- 
delivered  to  the  chiefs,  and  used  for  the  general  benefit  of  their  people. 
Annual  pnymcut      ARTICLE  XXXVII.  The  Confederate  States  also  further  agree  per- 
f  th  ^  nt^'^^^o'*"  petually  to  pay  regularly  and  annually  hereafter,  the  sum  of  one  thou- 
diildrt-.   "  ''^^*^^  dollars  for   education  of  their  children,  provided   by  the  treaty  of 

the  thirteenth  day  of  May,  A.  D.,  one  thousand  eight  hundred  and 
thirty-three,  and  also  to  add  to  that  sum  in  each  and  every  year  th»  ^ 
further  sum  of  one  thousand  five  hundred  dollars ;  which  sums  shall  be- 
payable  on  the  first  day  of  January  in  each  year,  commencing  with  the 
year  one  thousand  eight  hundred  and  sixty-two,  and  shall  be  applied  by 
the  agent  to  the  education  of  Quapaw  children  and  youths  in  the  Osage 
Manual  Labor  School,  until  an  institution  of  learning  can  be,  with  the 
aid  of  this  perpetual  fund,  established  in  the  country  of  the  Quapaws. 
Asnaity  to  the  ARTICLE  XXXVIII.  Inasmuch  as  the  Quapaws  have  no  fund  out  of 
Chiofs.  which  to  pay  the  salaries  of  their  Chiefs,  or  the  expenses  of  thei-r  gov- 

ernment, the  Confederate  States  further  agree  to  pay  to  each  of  the  pres- 
ent Chiefs,  Wat-ti-shi-nek  Kat-eh-de,  the  first  Chief,  and  Ka-hi-keh-tih-te, 
the  second  Chief,  for  each  year,  and  during  his  natural  life,  an  annuity 
of  one  hundred  dollars  in  money  per  annum,  payable  on  the  first  day  of 
January  in  each  year,  commencing  with   the  year  one  thousand  eight 
hundred  and  sixty-two. 
^  Trader  nurclias-      ARTICLE  XXXIX.  If  any  trader  or  other  person  should  purchase 
wg  articles  given  f,,Qjjj  ^^y  Quapaw  any  of  the  chattels  or  articles  given  him  by  the  Con- 
puniehed. '  '  federate  States,  he  shall  be  severely. punished. 

Gefleral  £,2SBe.-:ty.      AR/ftcLE  XL.  A  general  amnesty  of  all  past  ofl'ences  against  the  law3 
of  the  United  States  or  of  the  Confederate  States,  committed  before  the 
signing  of  this  treaty,  by  any  member  of  the  Quapaw  Tribe,  as   such 
membership  is  defined  in  this  treaty,  is  hereby  declared ;  and  all  such 
persons,  if  any,  charged  with  such  ofience,  shall  receive  from  the  Presi- 
dent full  and  free  pardon,  and  if  imprisoned  or  held   to  bail,  before  or 
after  conviction,  shall  be  discharged. 
'   When  fchistrsaty      ARTICLE  XLI.  This   convention  shall  be  obligatory  on   the  Quapaw 
*•  take  effect.        Tribe  of  Indians  from  the  day  its  date,  and  on  the  Confederate  States 
from  and  after  its  ratification  by  the  Senate  or  provisional  Congress. 
In  perpetual  testimom/  yJiereo/,  the  said  Albert  Pike,  as  Commissioner, 
with  plenary  powers,  on  the  part  of  the  Confederate  States, 
r  r-"^^—-^  \    doth  now  hereunto  set  his  hand  and  afiix  the  seal  of  his  arms; 
<    Seal.   V   and  the  undersigned,  Chiefs  and  headmen  of  the  Quapaw 
*  v.^--Y — >  J    Tribe  of  Indians,  do  hereunto  set  their  hands  and  affix  their 
seals. 
This  done  in  duplicate,  at  the  place,  aad  upon  the  dav,  in  the  year 
first  aforesaid.  ALBERT  PIKE, 

Commissioner  of  the   Confederate  States  to  the  Indian   nations  west  oj 
Arkansas. 


TREATY  WITH  THL  QUAPAWS.  39^ 

WAT-TI-SHI-NEK-KAT-EH-DE,  MOS-KA-ZI-KA, 

Principal  Chief  of  the  Quapawi.  A-HI-SUT-T  A.  • 

GEORGE  LANE,  NIK-KAT-TOH. 

ELI  J  AH  H.  FIELDS,  MO-ZEK-KA-I^  K, 

NOT-TET-TU,  g.  o.  yalLAR. 

^^-^h  R.  P.  LOMBARD. 

Sigued,  sealed  and  deyivered  in  presence  of  us. 

WM.  QUESENBURY,  , 

SAretnry  to  the  Conimisnioiier, 

E.  RECTOR,  ^ 

iSuperiiitendcnl  Indian  Affairs  Confed*- 
rote  States. 

ANDREW  J.  DORN, 

Ccn federate  States  A'jent  for    the    Qua- 
pnu'n,  etc. 

W.  WARREN  JOHNSON, 

R.  H.  BEAN, 

J.  W.  WASIIBOURNE. 

To  the  Indian  names  are  subjoined  marks. 


RATIFICATION.  Dec.  21,  I861. 

B'suhed,  (two-thirds  of  the  Congress  concurring,)  That  the  Congress     Ratification  by 
of  the  Confederate  States  of  America,  do  advise  and   consent  to  the  ^"°^''''^*'^  of  the 
ratification  of  the  articles  of  a  convention,  made  by  Albert  Pike,  Com-  wUh'the*Qurpawf, 
Bifssioner  of  the  Confederate  States  to  the  Indian  nations  west  of  Ar- 
kansas, of  the  one  part,  and  the  Quapaw  Tribe  of  Indians,  by  its  Chiefs 
and  warriors,  who  signed  the  same  articles  of  the  other  part,  concluded 
at  Park  Hill,  in  the  Cherokee  Nation,  on  the  fourth  day  of  October,  in 
the  year  of  our  Lord,  one  thousand  eight  hundred  and  sixty-one,  with 
the  following 

AMENDMENT:  Amendment. 

Strike  out  from  article   twenty-seven,  the  following  words:  "or  in  a 
State  court,"  and  insert  in  lieu  thereof  the  following  words:  "or  in  a  .< 

State  court,  subject  to  the  laws  of  the  State."  -j 

Note. — liie  amendment  was  agreed  to  and  ratified  by  tlie  Quapaws  as  a  part  of  th« 
treaty. 


TREATY  WITH  THE  CHEROKEES. 

OCTOBER   7th,  1S6L 


A  TREATY  OF  FRIENDSHIP  AND  ALLIANCE, 

Made  and  concluded,  at  laldequoh,  in  the   Cherokee  Nation,  on  the  sev- 
Oct.  7,  ISfil,  <'>^f^i'  daij  of  October,  in  the  year  of  our  Lord,  one  thousand  eight 

hundred  and  sixty-one,  between  the  Confederate  States  of  Amm'ica,  by 
Albert  Pike,  Commissioner  xoith  j^lenary  powers,  of  the  Confederate 
States,  of  the  one  part,  and  the  Cherokee  Nation  of  Indians,  by  John 
Ross,  the  Principal  Chief,  Joseph  Verner,  Assistant  Principal  Chief, 
James  Broicn,  John  Drew  and  William  P.  Ross,  Executive  Council- 
lors, constituting  icitk  the  Principal  and  Assistant  Principal  Chiefs  the 
Executive  Council  of  the  Nation,  and  authorized  to  enter  into  this 
treaty  by  a  General  Convention  of  the  Cherokee  People,  held  at  Tdh- 
lequah,  the  seat  of  Government  of  the  Cherokee  Nation,  on  the  twenty- 
first  day  of  August,  in  the  year  of  our  Lord,  one  thousand  eight  hun- 
drecl  and  sixty-one ;  together  with  Jjewis  Ross,  Thomas  Pegg  and 
Richard  Fields,  Commissioners  selected  and  appointed  by  the  Principal 
Chief  with  the  advice  and  consent  of  the  Executive  Council  to  assist 
in  negotiating  the  same,  of  th-e  other  part. 

Preaiati]c.  The  Congress  of  tlie  Confederate  States  of  America,  having  by  an  "act 

for  the  protection  of  certain  Indian  tribes,""  approved  tlie  twenty-tii'st  day 
of  May,  in  tlie  year  of  our  Lord,  one  thousand  eight  hundi'ed  and  sixty- 
one,  ohered  to  assume  and  accept  the  protectorate  of  the  several  nations 
and  tribes  of  Indians  occupying  tlie  country  west  of  Arkansas  and  Mis- 
souri, and  to  recognize  tliem  a  their  v>'ards,  subject  to  all  the  rights,  priv- 
ileges and  immunities,  titles  and  guarantees  with  each  of  said  nations  and 
tribes  under  treaties  made  with  them  by  the  United  States  of  America; 
and  the  Cherokee  Nation  of  Indians  having  assented  thereto  upon  certain 
terms  and  conditions: 

Now,  therefore,  the  said  Confederate  States  of  America,  by  Albert  Pike 
tbeir  Commissioner,  constituted  bv  the  President,  under  authority  of  the 
act  of  Congress  in  that  behalf,  with  plenary  powers  for  these  purposes,  and 
the  Cherokee  Nation  by  the  Principal  Chief,  Executive  Council  and  Com- 
missioners aforesaid,  has  agreed  to  the  following  articles,  that  is  to  say: 
Perpetual  peace      Article  I.  There  shall  be  pei'petual  peace  and  friendship,  and  an  alliance 

and  fricudship.  offensive  and  defensive,  between  the  Confederate  States  of  America  and 
all  of  tiieir  States  and  people,  and  the  Cherokee  Nation  and  all  the  people 
thereof.  ^ 

The  Chcrokces      Article  II.  The  Cherokee  Nation  of  Indians  acknowledges  itself  to  be 

acknowledge  them- mider  the  protection  of  the   Confederate   States  of  America,   and  of  no 

i^elves  to  be  under     ,  i  '  .  ,     ,  i    i  -i         i         .  •      i    x  i 

'oho   protection  of ^*'"^^"  P'^^^'' <^'' ^•^^'^^■^^n'l  whatever;  and  does  hereby  stipulate  and  agree 
The  C.  S.  with  them  that  it  will  not  hereaftei'  contract  any  alliance,  or  enter  into  an}'- 


TREATY  WITH  THE  CHEROKEES.  395 

compact,  treaty  or  agreement  with  any  individual,  State  or  with  a  foreiofn 
power;  and  the  said" Confederate  States  do  hereby  assume  and  accept  the    The  C.  S.ass\m;c 
said  protectorate,  and  recoirnize  the  said  Clierolcee  Nation  as  their  ward ;     ^  ^^^  '^^  ^^"^ 
and  by  the  consent  of  the  "said  nation  now  here  freely  a^iven,  the  country  J^^erokce  cou^- 
whereof  It  IS  proprietor  in  fee,  as  the  same  is  herematter  described,  ^^  q.  S. 
annexed  to  the  Confederate  States  in  the  same  manner  and  to  the  same 
extent  as  it  was  annexed  1o  the  United  States  of  America  before  that  (Gov- 
ernment was  dissolved,  with  such   modifications,  however,  of  the  terms  of 
annexation,  and  upon  such  conditions  as  are  hereinafter  expressed,  in  addi- 
tion  to  all  the  rights,  privileges,  immunities,  titles  and  jruaiantees  with  or  ' 

in  favor  of  the  said  nation,  uiuler  treaties   made  with   it,   and   under   the 
statutes  of  the  United   States  of  America      And   in  consequence  of  the 
obligations  imposed  on  the  Cherokee  people  by  this  article,  it  is   agreed 
on  the  part  of  the  Confederate  States,  that  they  will  not  at  any  time  enter  _  C.  S.  not  to  enter 
into  any  compact,  treaty  or  agi'eement  with  any  individuals  or  jmrty  in  the  '^"^j^°  ^'thc^CoE- 
Cherokee  Nation,  but  only  with- the  constitutional  authorities  of  the  same,  stitutiounl  author- 
that  will  in  any  Avav  interfere  witli  or  affect  any  of  the  national  rights  of  ities  of  ilie  Chero- 
.1      /-(I         1  i"  ,  ^  kee  Nation. 

the  Cherokee  people,  «  \ 

AimcLE  III.  The  Confederate  States  of  America,  liaving  accepted  the  .I'j-ofc^tion  prom- 
said  protectorate,  hereby  solemnly  promise  the  said  Cherokee  Nation  never  ^'"^ 
to  desert  or  to  abandon' it,  and  tliat  under  no  circumstances  will  they  per- 
mit the  Northern  States  or  any  otlier  enemy  to  overcome  them  and  sever 
the  Cherokees  from  the  Confederacy;  but  that  they  will,  at  any  cost  and 
all  hazards,  protect  and  defcml  them  and  maintain  unbroken  the  ties  created 
by  identity  of  interests  and  institutions,  and  strengtliened  and  made  per- 
petual by  this  treaty. 

Artici.k  IV.  The  boundaries  of  the  Cherokee  country  shall  forever  con-     Boundaries  of 
tinue  and  remain  the  same  as  they  are  defined  by  letters  pntent  therefor 'bo^^^C^herokce 
given  by  the  United  States  to  tlie  Cherokee  Nation  on  the  thirty  first  day  ^'^""  '•^' 
of  December,  in  the  year  of  our  Lord,  one   thousand   eight  hundred  and 
thirty-eight;  which  boundaries  are  therein  defined  as  follows: 

Beginning  at  a  mound  of  rocks  four  feet  S(]uare  at  base,  and  four  and  a 
half  feet  high,  from  which  another  mound  of  rocks  bears  .south  one  chain, 
and  another  mound  of  rocks  bear  west  one<diain,on  what  has  been  denom- 
inated the  old  western  Territorial  line  of  Arkansas  Territory,  twenty-five 
miles  north  of  Arkansas  river;  thence  south  twenty  one  miles  and  tweuty 
eight  chains,  to  a  post  on  the  northeast  bank  of  the  Verdigris  river,  from 
which  a  hackberry,  fifteen  inches  diameter,  bears  south  sixty  one  degrees 
thirty-one  minutes  east,  forty-three  links,  marked  C.  II.  L.  and  a  cotton- 
wood  forty-two  inches  diameter,  bears  south  twenty-one  degrees,  fifteen 
minutes,  east,  fifty  links,  mark-ed  C.  R.  R.  L. ;  thence  down  the  Verdigris 
river,  on  the  north  east  bank,  with  its  meanders  to  the  junction  of  Verdi- 
gris and  Arkansas  rivers;  thence  from  the  lower  bank  of  Vi;rdigris  river; 
on  the  north  bank  of  Arkansas  river,  south,  forty -four  degrees,  thirteen 
minutes,  east,  fifty-seven  chains,  to  a  post  on  the  souili  bank  of  Arkansas, 
opposite  the  eastern  bank  of  Neosho  river,  at  its  junction  with  Arkansas, 
from  which  a  red  oak  thirty-six  inches  diameter,  bears  south  seventy-five 
<legrees,  forty-five  minutes,  west,  twenty-lT)ur  links,  and  a  hickory  tsvent}-- 
four  inches  diameter  bears  south  eighty-nine  degrees,  east,  four  links ; 
thence  south  fifty-three  degrees  west,  one  mile,  to  a  post  from  which  a 
rock  bears  north  fifty-three  degrees  east,  fifty  links,  and  a  i-ock  bears  south, 
eighteen  degrees,  eighteen  minutes  west,  fitly  links;  thence  south  eighteen 
degrees,  eigliteen  ininutes  west,  thirty-three  miles,  twenty-eight  chain.s,  and 
eighty  links,  to  a  rock,  from   which   another  rock  bears  north   eighteen  i 

degrees,  eighteen  miiuites  east,  fifty  links,  and  another  rock  bears  south 
fifty  links;  thence  south  four  miles,  to  a  post  on  the  lower  bank  of  the 
north  fork  of  Canadian  river,   at  its  junction   with   Canadian   river,  from 


3^e  TREATY  WITH  THE  CHEROKEES. 

whicli  a  cotton  wood,  twenty-four  inches  diameter  bears  north  eighteen 
degrees  east,  forty  links,  and  a  cotton  wood  fifteen  inches  diameter,  bears 
south  nine  degrees  east,  fourteen  links ;  thence  down  the  Canadian  river 
on  its  north  bank  to  its  junction  with  Arkansas  river;  thence  down  the 
main  channel  of  Arkansas  river  to  the  western  boundary  of  the  State  of 
Arkansas  at  the  northern  extremity  of  the  eastern  boundary  of  the  lands 
of  the  Choctaws,  on  the  south  bank  of  Arkansas  liver,  four  chains  and 
fifty-four  links  east  of  Fort  Smith ;  thence  noith  seven  degrees  twenty-five 
minutes  west  with  the  western  boundary  of  the  State  of  Arkansas,  seventy- 
•  six  miles,  sixty-four  chains  and  fifty  links   to  the  southeast  corner  of  the 

State  of  Missouri ;  thence  north,  on  the  western  boundary  of  the  State  of 
Missouri  eight  miles,  forty-nine  chains  and  fifty  links,  to  the  north  bank  of 
Cowskin  or  Seneca  river,  at  a  mound  six  feet  square  at  base  and  five  feet 
high,  in  which  )s  a  post  marked  on  the  south-side  Cor.  Ch.  Ld. ;  thence  west 
on  the  northern  boundary  of  the  lands  of  theSenecas,  eleven  miles  and  forty 
chains,  to  a  j)ost  on  the  east  bank  of  Neosho  river,  from  which  a  maple  eight 
eighteen  inches  diameter  bears  south  thirty-one  degrees  east,  seventy-two 
links;  thence  up  Neosho  river,  with  its  meanders,  on  the  east  bank,  to  the 
southern  boundary  of  Osage  lands,  thirty-six  chains  and  fit'ty  links,  west  of 
the  southeast  corner  of  the  lands  of  the  Osages,  witnessed  by  a  mound  of 
rocks  on  the  west  bank  of  Neosho  river ;  thence  west  on  the  southern 
boundary  of  the  Osage  lands  to  the  line  dividing  the  Territory  of  the 
United  States  from  that  of  Mexico,  two  hundred  and  eighty-eight  miles, 
thirteen  chains  and  sixty-six  links,  to  a  mound  of  earth  six  feet  square  »t 
base,  and  five  and  a  half  feet  high  in  which  is  deposited  a  cylinder  of 
charcoal,  twelve  inches  long  and  four  inches  diameter;  thence  south  along 
the  line  of  the  Territory  of  the  United  States  and  of  Mexico,  sixty  miles 
and  twelve  chains  to  a  mound  of  earth  six  feet  square  at  base  and  five  and 
a  half  feet  high,  in  which  is  deposited  a  cylinder  of  charcoal,  eighteen 
inches  long  and  three  inches  diameter  ;  thence  east,  along  the  northern 
boundary  "of  Creek  lands,  t#o  hundred  and  seventy-three  miles,  fifty-five, 
chains  f  nd  sixty-six  links,  to  the  beginning;  containing  within  the  survey 
thirteen  millions  five  hundred  and  seventy -four  thousand  one  hundred  and 
thirty-five  acres  and  fourteen  hundredths  of  an  acre. 
Title  of  the  U.  Article  V.  The  Cherokee  Nation  hereby  gives  its  full,  fi'ee  and  unqual- 
S.  in  the  Cherokee  j^^^j  assent  to  those  provisions  of  the  act  of  Congress  of  the  Confederate 
f'hc  C."^ S. ^'"^ '^  '"states  of  America,  entitled  "An  act  for  the  protection  of  certain  Indian 
tribes,"  appi'oved  the  twenty-fourth  day  of  May,  in  the  year  of  our  Lord, 
one  thousand  eight  hunched  and  sixty-one,  whereby  it  was  declared  that  all 
/  reversionarv,  and  other  interest,  right,  title  and  proprietorship  of  the  United 

States  in,  Unto  and  over  the  Indian  country,  in  which  that  of  the  said 
Cherokee  Nation  is  included,  should  pass  to  and  vest  in  the  Confederate 
States,  and  whereby  the  President  of  the  Confederate  Stetes  was  author- 
ized to  take  military  possession  and  occupation  of  all  said  country;  and 
whereby  all  the  laws  of  the  United  States  with  the  exception  thereinafter 
made,  applicable  to  and  in  force  in  said  country,  and  not  inconsistent  with 
th»  letter  or  spirit  of  any  treaty  stipulations  entered  into  with  the  Chero- 
kee Nation  were  enacted,  continued  in  force,  and  declared  to  be  in  force  in 
said  country,  as  laws  and  statutes  of  the  Confederate  States  :  Provided, 
Proviso.  however,  And  it  is  hereby  agreed  between  the  said  [)arties,  that  whatever 

in  the  said  laws  of  the  United  States  contained,  is  or  may  be  contrary  to 
or  inconsistent  with  any  article  or  provision  of  this  treaty,  is  to  be  of  none 
effect  henceforward,  and  shall,  upon  the  ratification  hereof,  be  deemed  and 
taken  to  have  been  repealed  and  annulled  as  of  the  present  date,  and  thia 
assent,  as  thus  qualified  and  conditioned,  shall  relate  to  and  be  taken  to 
have  been  given  upon  the  said  day  of  the  approval  of  the  said  act  of 
Congress. 


TREATY  WITH  THE  CHEROKEES.  397 

Articlk  VI.  The  Confederate  States  of  America  do  hereby  solemnly  Partition  and 
gtiarantee  to  the  Cherokee  Nation,  to  be  held  by  it  to  its  own  use  and  sale  of  laflds. 
behoof  in  fee  simple  forever,  the  lands  included  within  the  boundaries 
defined  in  article  four  of  this  treaty;  to  be  held  by  the  people  of  the 
Cherokee  Nation  in  common  as  they  have  heretofore  been  held,  if  the  said 
nation  shall  so  please,  but  with  power  of  makinsj  partition  thereof  and 
dispositions  of  parcels  of  the  same  by  virtue  of  laws  of  said  nation  duly 
enacted,  and  approved  bv  a  majority  of  the  Cherokee  people  in  general 
convention  assembled ;  by  which  partition  or  sale,  title  in  fee  simple  abso- 
lute shall  vest  in  parceners  and  purchasers  whenever  it  shall  please  said 
nation,  of  its  own  free  will  and  accord  and  without  solicitation  from  any 
quarter,  to  do  so;  wliich  solicitation  the  Confederate  States  hereby  solemnly 
agree  never  to  use  ;  and  the  title  and  tenure  hereby  guaranteed  to  the  said 
nation  is  and  shall  be  subject  to  no  other  restrictions,  reservations  or  con- 
ditions, whatever,  than  such  as  are  hereinafter  specially  expressed. 

Article  VII.  None  of  the  lands  hereby  guaranteed   to  the  Cherokee     Lands  not  to  bo 
Nation  shall  be  sold,  ceded  or  otherwise  disposed  of  to  any  foreign  nation  anvforoigrnaUon" 
or  to  any  State  or  government  whatever;  and  in  case   any  such   sale,  ces-or'<o  any  stat«  or 
Bion  or  disposition  should  be  made  without  the  consent  of  the  Confederate  government. 
State-,  all  the  said  lands  shall  thereupon  revert  to  the  Confederate  States. 

Article  VIII.  The  Confederate  States  of  America  do  hereby  solemnly     No  State  or  Ter- 
p.gree  and  bind  themselves  that  no  State  or  Territory  shall  ever  pass  laws  ^^^IJ^^  Cberoker?! 
for  the  government  of  the  Cherokee  Nation  ;  and  that  no  portion  of  the 
lands  guaranteed  to  it  shall  ever  be  embraced  or  included  within  or  annexed 
to  any  Territory  or  Province;  nor  sliall  any  attempt  ever  be  made,  except     Not  to  be  mcot- 
ypon  the  free,  voluntary  and  unsolicited  application  of  said  nation,  to  erect  l^^j^gy^^g^'j^gyj^^J"^ 
its  said  country,  by  itself  or  with  any  other,  into  a  St;ite  or  any  other  ler-  political  organiza- 
ritorial  or  political  organization,  or  to  incorporate  it  into  any  State  pre- *^io°- 
viously  created. 

ARricLE  IX.    AH   navirrable  streams  of  the  Confederate  States  and  of    Navigable- 
the  In.lian  country  shall  be  free  to  the  people  of  the   Cherokee  Nation,  cherrkelr  *°  '*"' 
who  shall  pay  no  higher  toll  or  tonnage  duty  or  other  duty  than  the  citi- 
zens of  the  Confederate   States;    and  the  citizens  of  that  nation   living     Ferry  privileges 
upon  the  Arkansas  river  shall  have,  possess  and  enjoy  upon  that  river,  the"P"°  the  Arkansas 
same  ferry  privileges,  to  the  same  extent  in  all  respects,  as  citizens  of  the 
Confederate  States  on  the  opposite  side  thereof,  subject  to  no  other  or  a 
ditferent  tax  or  charge  than  tliey. 

Article  X.  The  Cherokee  Nation  may  by  act  of  its  legislative  author-     Indians  of  other 
...  .  J  .  i      •     .,1  .•  I  /.u  c  ..nations    or   tribes 

ities  receive  and  incorporate  in  the  nation  as  members  thereof^  or  permit  ^j,y  1,5^^0^;^^^  ^ 

to  reside  and  settle  upon  the  national  lands,  such  Indians  of  any  other  nation  members, 
or  tribe  as  to  it  may  seem  good  ;    and  may  sell  them  portions  of  its  land, 
and  receive  to  its  own  use  the  consideration  therefor;  and  the  nation  alone     ^^^  entitlntl  to 
shall  determine  who  are  members  and   citizens  of   the  nation   entitled  to  ^^|jgjjjj^j.gjjjj^''jij,jjj. 
vote  at  elections  and  share  in  annuities:    Provided^  That  when  persons  of  ties, 
another  Indian  nation  or  tribe  shall  once  have  been  received   as  members     Proviso. 
of  th-o  nation,  they  shall  not  bo  disfranchised  or  subjected   to  any  other 
restrictions  upon  the  right  of  voting  than  such  as  shall  ai)ply  to  the  Cber- 
okees  themselves.     But  no  Indians  not  settled  in  the  Cherokee  country 
shall  be  permitted  to  come  therein  to  reside,  without  the  consent  and  per- 
mission of  the  legislative  authority  of  the  nation. 

Article  XI.  So  far  as  may  be  compatible  with  the  Constitution  of  the      I^iglit  of    self- 
Confederate  States  and  with  the  laws  made,  enacted  or   adopted  in  con-  f  uY["iur?sdiction 
formity  thereto,  regulating  trade  and  intercourse  with  the  Indian  tribes,  as  over  person?  ami 
the  same  are  modified  by  this  treaty,  the  Cherokee  nation  shall  possess  the  property. 
otherwise  unrestricted  right  of  self-government  and  full  jurisdiction,  judi- 
cial and  otherwise,  over  persons  and  property  within  its   limit,  excepting     Exception. 
only  such  white  pereons  as  are  not  by  birth,  adoption  or  otherwise,  mem- 


398  TREATY  WITH  THE  CHEROKEES. 

bers  of  tlie  Cherokee  Nation ;  and  that  there  may  be  no  doubt  as  to  the  mean 
\Vhit«  person  who  ing  of  this  exception,  it  is  hereby  declared  that  every  white  person  who, 
marries  a  Cherokee  j^^^iuo-  married  a  Cherokee  woman,  resides  in  said  Cherokee  countrv,  or 
sianently  d  o  mi- who,  without  intermarrying,  is  permanently  domiciled  therein  with  the 
ciled  in  the  Cher-  consent  of  the  authorities  of  the  nation,  and  votes  at  elections,  is  to  be 
0 kee  country ,taken  (J ggj^g^  ^^^j  taken  to  be  a  member  of  the  said  nation  within  the  true 
the  nation.  intent  and  meaning  of  this  article;  and  that  the  exception  contained  in 

Exception  in  the  the  laws  for  the  punishment  of  offences  committed  in  the  Indian  country, 
law  for  the  punish-  ^q  ^\^q  effect  that  they  shall  not  extend  or  apply  to  offences  committed  by 

ment   of     otfeuces  ^    ,.  •      i.  xi  i        t-  ii        t     t  v    ii  i 

committed  in  the  0^^  Indian  agamst  the  person  or  property  or  another  Indian,  shall  be  K> 

Indian  country,  extended  and  enlarged  by  virtue  of  this  cXi'ticle  when  ratified  and  with- 
extende-l  ;uid  en-  q^j,  further  legislation,  as  that  none  of  said  laws  shall  extend  and  apply 
'"'  *  "^^  to  any  offence  committed  by  any  Indian,  or  negro,  or  mulatto,  or  by  any 

white  person,  so  by  birth,  adoption  or  otherwise  a  member  of  the  Cher- 
okee Nation  against  the  person  or  property  of  any  Indian,  negro,  or  mu- 
latto, or  any  such  Avhite  person  when  the  same  shall  be  committed  within 
the  limits  of  the  said  Cherokee  Nation  as  hereinbefore  defined;  but  all 
such  persons  shall  be  subject  to  the  laws  of  the  Cherokee  Nation,  and 
to  prosecution  and  trial  before  its  tribunals,  and  punishment  according 
to  such  laws,  in  all  respects  like  native  members  of  the  said  nation. 
Intruders  to  be  ARTICLE  Xf.I.  All  persons  not  members  of  the  Cherokee  Nation,  as 
r'.>3ioved.  such  membership  is  hereinbefore  defined,  who  may  be  found  in  the  Cher- 

okee country,  shall  be  considered  as  intruders,  and  be  removed  and  kept 
out  of  the  same  either  by  the  civil   officers  of  the  nation  under  the  di- 
rection of  the  executive  or  legislature,  or  b}'  the  agent  of  the  Confede- 
rate States  for  the  nation,  who  shall  be  authorized  to  demand,  if  neces- 
Sxeepti)ns.        sary,  the  aid  of  the  military  for  that  purpose;  with  the  following  excep- 
tions only,  that  is  to  say:    Such  individuals  with  their  families  as  may 
be  in  the  employment  of  the  Groverumcnt  of  the  Confederate  States;  all 
persons  peaceably  travelling,  or  temporarily  sojourning  in  the  country,  or 
trading  therein  under  license  from  the  proper  authority;  and  such  per- 
sons as  may  be  permitted   by   the  legislative   authority  of  the  Cherokee 
Nation  to  reside  within  its  limits  without  becoming  members  of  the  said 
nation. 
Ke?ervati'iu   of      ARTICLE  XIII.  A  tract  of  two  Sections  of  land  in  the  said  nation,  to 
iacd    for    iudian  be  selected  by  the  President  of  the  Confederate  States,  or  such  officer  or 
ajsacy.  person  as  he  may  appoint,   in   conjunction  with   the   authorities  of  the 

Cherokee  Nation,  at  such  a  point  as  they  may  deem  most  proper,  is  hereby 
ceded  to  the  Confederate  States,  for  the  purpose  of  an  agency;  and  when 
selected  shall  be  within  their  sole  and  exclusive  jurisdiction,  except  as 
to  offences  committed  therein  by  one  member  of  the  Cherokee  Nation 
Proviso.  against  the  person  or  property  of  ano*^,her  member  of  the  same  :  Provuled, 

That  whenever  the  agency  shall   be  discontinued,  the   tract  so  selected 
therein  shall  revert  to  the  said  nation,  with  all  the    buildings  that  may 
Furtherproviso.be  thereupon:    Ayid  prooided  also,  That  the  President,  conjointly  with 
the  authorities  of  the  nation  may  at  any  time  select  in   lieu  of  said  re- 
serve, any  unoccupied  tract  of  land  in  the  nation,  and  in  any  other  part 
thereof,  not  greater  in  extent  than  two  sections,  as  a  site  for  the  agency 
of  the  nation,  which  shall  in  such  case  constitute  the  reserve,  and  that 
first  selected  shall  thereupon  revert  to  the  Cherokee  Nation. 
Forts  and  mlli-      ARTICLE  XIV.  The  Confederate  States  shall  have  the  right  to  build, 
tiry     posts,    and  establish  and  maintain  such  forts  and  military  posts,  temporary  or  per- 
roai*""^  '*°     ^°'^''^^'^®^*'' ^^°*^  ^^-^^^   military  and   post  roads   as  the   President   may  deem 
necessary  in  the  Cherokee  country ;  and  the  quantity  of  one  mile  square 
of  land,  including  each  fort  or  post,  shall  thereby  vest  as  by  cession  in 
the  Confederate  States  and  be  within  their  sole  and  exclusive  jurisdic- 
tion, except  as  to  offences  committed  therein  by  members  of  the  Chero- 


TREATY  WIIH  THE  CHEROKEES.  399 

kee  Nation  against  the  persons  or  property  of  other  members  of  the  same, 
so  long  as  such  fort  or  post  is  occupied ;  but  no  greater  quantity  of  land 
beyond  one  mile  square  shall  be  used  or  occupied,  nor  any  greater 
quantity  of  timber  felled  than  of  each  is  actually  requisite ;  and  if  in 
the  iptablishmeut  of  such  fort,  post  or  road,  or  of  the  agency,  the  prop- 
erty of  any  individual  member  of  the  Choctaw  Nation,  other  than  land, 
timber,  stone  and  earth,  be  taken,  destroyed  or  impaired,  just  and  ade- 
quate compensation  shall  be  made  by  the  Confederate  States. 

Article  XV.    No  person  shall  settle  or  raise  stock  within  the  limits    No  perdon  to  set- 
of  any  post  or  fort  or  of  the  agency  reserve,  except  such  as  are  or  may  *^®  .^'J  '"^'f .  ^\?''^ 
be  in  the  employment  of  the  Confederate   States,  in  some .  civil  or  mill- it, 
tary  capacity;  or  such  as,  being  subject  to  the  jurisdiction  and  laws  of 
the  Cherokee  Nation,  are  permitted   by  the   commanding  officer  of  the 
fort  or  post  to  do  so  thereat,  or  by  the  agent  to  do  so  upon  the  agency 
reserve. 

Article  XVI.  An  agent  of  the  Confederate  States  for  the  Cherokee     Agent  ai.dioter- 
Nation,  and  an  interpreter  shall  continue  to  be  appointed,  both  of  whom  P'''^'*'^- 
shall  reside  at  the   agency.     And  whenever  a  vacancy  shall  occur  in     Vacancy  in 
either  of  the  said  offices,  the  authorities  of  the  nation  shall  be  consulted  either  '^-"'S;'^  "*B- 
as  to  the  person  to  be  appointed  to  fill  the   same ;    and  no   one  shall  be  ^'' 
appointed  against  whom  ihey  in  good  faith   protest,  and  the  agent  may 
be  removed,  on  petition  and  formal  charges  preferred  by  the  constituted 
authorities  of  the  nation,  the  President  being  satisfied,  upon  full  inves- 
tigation, that  there  is  sufficient  causefor  such  removal. 

Article  XVIT.    The  Confederate  States  shall  protect  the  Cherokees     PfAtectioTj  fronr 
from  hostile  invasion  and  from  aggression  by  other  Indians  and  white '"^^^^j""  °"-^  *"' 
persons,  not  subject  to  the  laws  and  jurisdiction  of  the  Cherokee  Nation  ; 
and  for  all  injuries  resulting  from   such   invasion  or  aggression,  full  in-.    Indemaity    for 
demuity  is  hereby  guaranteed  to  the  party  or  parties  injared,  out  of  the"'-'""*^"'' 
Treasury  of  the  Confederate  States,  upon  the  same  principle  and  accord- 
ing to  the  same  rules  upon  which  white  persons  are  entitled  to  indemnity 
for  injuries  or  aggressions  upon  them  committed  by  Indians. 

Article  XVIII.    It  is  further  agreed  between  the  parties  that  the    Prereatioai^iia- 
agent  of  the  Confederate  States,  upon  the  application  of  the  authoritiestrusion   upoa  the 
of  the  Cherokee  Nation,  will  not  only  resort  to  every   proper  legal  reme- J^l"^'^^  "^^^^  j.^^^;] 
dy,  at  the  expense  of  the  Confederate  States,  to  prevent  intrusion  upouval  'of  improp'jr 
the  lands  of  the  Cherokees,  and  to  remove  dangerous  or  improper   per- person.-. 
sons,  but  he  shall  call  upon  the  military  power  if  necessary;  and  to  that 
end  all  commanders  of  military  posts  in  the  said  country  shall  be  required 
and  directed  to  afford  him,  upon  his  requisition,   whatever  aid   may  be 
necessary  to  effect  the  purposes  of  this  article. 

Article  XIX.  If  any  property  of  any  Cherokees  betaken  by  citizens     Propert/  taken 
of  the  Confederate  States,  by  stealth  or   force,  the   agent,  on   c'oraplaiutKv  atealtbor  torw. 
made  to  him  in  due  form  by  affidavit,  shall   use  all   proper  legal  means     ^''^m-iv 
and  remedies  in  any  State  where  the  offender  may  be  found  to  regain  the 
property  or  compel  a  just  remuneration;  and  on  faiure  to  procure  redress, 
payment  shall  be  made  for  the  loss  sustained,  by  the  Confederate  States 
upon  the  report  of  the  agent,  who  shall  have   power  to   take   testimony 
and  examine  witnesses  in  regard  to  the  wrong  done  and  the  extent  of  the 
injury. 

Article  XX.  No  person  shall  be  licensed  to  trade  with  the  Cherokees    License  to  tra- 
except  by  the  agent,  and  with   the  advice   and  consent  of  the  National"®"" 
Council.       Every  such  trader  shall  execute   bond  to   the   Confederate     BoaJ. 
States  in  such  form  and  manner  as  was  re(juired  by  the  United  States,  or 
as  may  be  required  by  the  bureau  of  Indian  affairs.     The  authorities  of    Tax  ou  lijeuiei 
the  Cherokee  Nation  may,  by  a  general  law,  duly  enacted,  levy  and  col-^"*^®"- 
lect  ou  all  licensed  traders  in  the  nation,  a  tax  of  not  more  than  one 


400  TREATY  WITH  THE  CHEROKEES. 

half  of  one  per  cent,  on  all  goods,  wares  and  merchandise  brought  by 

them  into  the  Cherokee  country  for  sale,  to  be  collected  whenever  such 

goods,  wares  and  merchandise  are  introduced,  and  estimated  upon  the 

first  cost  of  the  same  at  the  place  of  purchase,  as  the  same  shall  be  shown 

Appeal  from  de-  by  the  copies  of  the  invoices  filed  with  the  agent.     No  appeal  shall  here- 

flision  refusing  li- after  lie  from  the  decision  of  the  agent  or  council,  refusing  a  license,  to 

*®°^-®'  the   Commissioner  of  Indian  Affairs,  or  elsewhere,  except  only  to  the 

Who  may  trade,  superintendent,  in  case  of  a  refusal  by  the  agent.     And  no  license  shall 

and  what  articles  i^g  required  to  authorize  any  member  of  the  Cherokee  Nation  to  trade  in 

ouTlicense.  the  Cherokee  country ;  nor  to  authorize  any  person  to   sell  flour,  meats, 

fruits  and  other  pi'ovisions,  or  stock,  wagons,  agricultural  implements  or 

What  goods  are  arms  brought  from  any  of  the  Confederate  States  into  the  country ;   nor 

forfeited  when  ex-  gj^all  any  tax  be  levied  upon  such  articles  or  the  proceeds  of  the  sale 

ouriicense  ^  ^*    '  thereof.     And  all  other  goods,  wares  and   merchandise,  exposed  to  sale 

by  a  person  not  qualified,  without  a  license,  shall  be  forfeited,  and  be 

delivered  and  given  to  the  authorities  of  the  nation,  as  also  shall  all 

wines  and  liquors  illegally  introduced. 

Restrictions  on      ARTICLE  XXI.  All  restrictions  contained  in  any  treaty  made  with  the 

the   right  of  the  United  States,  or  created  by  any  law  or  regulation  of  the  United  States, 

andd?sTseo°  pS'^PO^  *^^  limited  right  of  any  member  of  the   Cherokee  Nation  to  sell 

Bonal  property,  re-  and  dispose  of,  to  any  person  whatever,  any  chattel  or  other  article  of 

moved.  personal  property,  are  hei'feby  removed;  and   no  such  restrictions  shall 

hereafter  be  imposed,  eseept  by  their  own  legislation. 

May  take,  hold     ARTICLE  XXII.  It  is  hereby  further  agreed  by  the  Confederate  States, 

and  pass  lands,  by  ^1^^^  jj^U  j.j,g  jj,gjj^|^gj.g  ^^f  ^jjg  Cherokee  Nation,  as  hereinbefore  defined, 

^ent.  shall  be  henceforward  competent  to  take,  hold  and  pass,  by  purchase,  or 

descent,  lands  in  any  of  the  Confederate  States,  heretofore  or  hereafter 
acquired  by  them. 
Cherokee  coun-      ARTICLE  XXIII.  In  order  to  secure  the  due  enforcement  of  so  much 
try  erected  into  a  Qf  i\^q  i^-^g  of  the  Confederate  States  in  regard  to  criminal  offences  and 
be  called  th"cha- ^^^^^™'^^'^'^^^  ^^  ^^  *^^  ^^J  ^^  ^"  force  in  the  said  Cherokee  country,  and 
lab-ki  district.       to  prevent  the  Cherokees  from  being  further  harrassed  by  judicial  pro- 
ceedings had  in  foreign  courts  and  before  juries  not  of  the  vicinage,  the 
said  country  is  hereby  erected  into  and  constituted  a  judicial  district,  to 
be  called  the  Cha-lah-ki  district,  for  the  special  purposes  and  jurisdic- 
District  court  for  tion  hereinafter  provided;  and  there  shall  be  created  and  semi-annually 
such  district; held,  within  such  district  at  Tah-le-quah,  or  in  case  of  the  removal  of 
where  to  b«  held,  ^he  seat  of  Government  of  the  nation,  then  at  such  place  as  may  become 
the  seat  of  Grovernment,  a  district  court  of  the  Confederate  States,  with 
the  powers  of  a  circuit  court,  so  far  as  the  same  shall  be  necessary  to 
Jurisdiction  co-  carry  out  the  provisions  of  this  treaty,  and  with  jurisdiction  co-esten- 
«xt«n8ivp  with  the  ^^^^  ^j^i^  t]jg  limits  of  such  district,  in  such  matters,  civil  and  criminal, 
jjj^;|.^  "  to  such  extent  and  between  such  parties  as  may  be  prescribed  by  law, 

and  in  conformity  to  the  terms  of  this  treaty. 
Laws  declared  to      ARTICLE  XXIV.  In  addition  to  SO  much  and  such  parts  of  the  acts 
*>«  i°^^rce  inthe^f  Congress  of  the  United  States  enacted  to  regulate  trade  and  inter- 
ee  coun  ry.  g^^^.j^g  with  the  Indian  tribes,  and  to  preserve  peace  on  the  frontiers  as 
have  been  re-enacted  and  continued  in  force  by  the  Confederate  States, 
and  as  are  not  inconsistent  with  the  provisioEs  of  this  treaty,  so  much  of 
the  laws  of  the  Confederate  States,  as  provides  for  the  punishment  of 
crimes  amounting  to  felony  at  common  law  or  by  statute,  against  the 
laws,  authority  or  treaties  of  the  Confederate  States,  and  over  which  the 
courts  of  the  Confederate  States  have  jurisdiction,  including  the  coun- 
terfeiting the  coin  of  the  United  States  or  of  the  Confederate  States,  or 
the  securities  of  the  Confederate  States,  and  so  much  of  the  said  laws 
as  provides  for  punishing  violators  of  the  neutrality  laws,  and  resistance 
to  the  process  of  the  Confederate  States,  and  all  the  acts  of  the  proris- 


TREATY  WITH  THE  CHEROKEES.  40! 

ional  Congress,  providing  for  the  conimon  defence  and  welfare," so  far  as 
the  same  are  not  locally  inapplicable  shall  hereafter  be  in  force  in  the 
(phcrokee  country,  and  the  said  district  court  shall  have  exclusive  juris-  \ 

diction  to  try,  condemn  and  punish  offenders  against  any  such  laws,  to 
adjudge  and  pronounce  sentence,  and  cause  execution  thereof  to  be  done 
in  the  same  manner  as  is  done  in  any  other  district  court  of  the  (Confed- 
erate States. 

Arttclf,  XXV.  The  said  district  court  of  the  Confederate  States  of  Adiniralty  juiis- 
Amcrica  for  the  district  of  Cha-lah-ki  shall  also  have  the  same  admiralty '^•«''""  "*' '^^4"' 

.     ,.      .  ,  1.        .  ,1     1       >i       n    1        .  •       i  trict.    for   the  tua- 

junsdiction  as  other  district  courts  ot  the  Confederate  courts  against  any  lah-ki  district. 
person  or  person;?  residing  or  found   within  the  district;  and  in  all  civil      Juri^cliciion  in 
Buits  at  law  ii(-  in  equity  when   the  matter  in   controversy  is  of  greater  <""■' <'**^*'- 
value  than   five    hundred   dollars,   between  a   citizen   or   citiztMis  of  any 
State  or  States  of  the  (Confederate  States  or  any  Territory  of  the  same, 
or  an  alien  or  aliens  and  a  citizen  or  citizens  of  the  said  district,  or  per- 
son or  persons  residing  therein;  and  the  Confederate  States  will,  by  sui-     Appointment  nf 
table   enactments,   provide   for  the  anpointment  of  a  judge   and   other •'•''' S®   ""'^    o'^Y 
proper  officers  of  the  said  court,  the  clerk  and  marshal  being  memnersol 
the  Cherokee  Nation,  and  make  all  necessary  enactments  and  regulations 
for  the  complete  establishment  and  organiv.atioa  of  the  same,  and  to  give 
full  effect  to  its  proceedings  and  jurisdiction. 

Article  XX  V[.  The  said  district  court  shall  have  no  jurisdiction  to  .  'r»e  court  to 
try  and  punish  any  person  tor  any  offence  committed  prior  to  the  day  ot  ^-^^  incus.?  where 
the  signing  of  this  treaty  ;  nor  shall  any  action  in  law  or  erjiiity  be  main-  the  offouce  was 
tained  therein,  except  by  the  Confederate  States  or  one  of  them,  when  commitR-d,  or  the 
the  cause  of  action  shall  have  accrued  before  the  same  day  of  the  s>gu- !j,","y*^,  "j^.^",*;,!';!," 
ing  hereof.  piznin^  of  tbia 

Article  XXVII.    If  any  citizen  of   the  Confederate  States  or  any  trca'y. 
other  person,  not  being  permitted  to  do  BO  by  the   authorities  of  paid  _r!^"„7or°urim.t! 
naiion  or  authorized  by  the  terms  of  this  treaty,  shall  attempt  to  settle  i„g,    wiihout  au 
upon  any  lands  of  the  Cherokee  Nation,  he  shall  forfeit  the  protection  of  tlioritv.   to   settle 
the  Confederate  States,  and  such  punishment  maybe  inflicted  upon  him,  '•"  ihelandsof  the 

,     .  ,  ',  \  ,      •'     ,  .         ,  Chtrokces. 

not  being  cruel,  unusual  or  excessive,  as  may  have  been  previously  pre- 
scribed by  law  of  the  nation. 

Article  XXVirr.  No  citizen  or  inhabitant  of  the  Confederate  States     Who  not  to  pas- 
shall  pasture  stock  on  the  laoJs  of  tho  Ch^vokee  Nation,  under  the  pen- [JJ^^^^^'"^''  "°  ^''"'" 
alfcy  of  one  dollar  per  head,  for  all   so  pastured,  to  be   collected   by  the 
authorities  of  the  Nation  ;  but  their  citizens  shall   be   at  liberty  at  all     Liborty  givtm  to 
times,  and   whether   for  business  or  pleasure,   peaceably   to   travel  the  travel    in  tljeir 

~,         ,  1     .        1   •        ,1     •         .      1      I  1     .  xu  •       country,  Hiid  drivo 

<'herokee  country;    and   to  drive  their  stock  to  market  or  otherwise  ^jj,^.]^  jj,jyu„lj  (j^^ 
through  the  same,  and  to  halt  such  reasonable  time  on   the   way  as  may  s.ime. 
be  necessary  to  recruit  their  stock,  such  delay   being   in   good  faith  for 
■that  purpose. 

Article  XXtX.     It  is  also  further  agreed   that  the  members  of  the     Chero;  ecs^maj 
Cherokee  Nation  shall  have  the  same  right  of  travelling,  driving  *?foC'^  |'tc.^'iu"„^nv*^of"thJ 
and  halting  to  recruit  the  same,  in  any  of  the   ConCoilerate   States,  as  is  c.  s. 
given  citizens  of  the  Confederate  States  by  the  preceding  article. 

Article  XXX.  If  any  person  hired  or  employed  by  the  agent  or  by     H.iw  por:-<.ii.« 
any  other  person  whatever,  within  the  agency  reserve,  or  any  post  or  fort,  ^^''.^,1^|'|(.   jcsorv* 
i^hall  violate  the  laws  of  the  nation  in  such  manner  as  to  become  an  unfit  ^^^j  X,,  ruiuoveU. 
person  to  contitine  in  the  Cherokee  country,  he  or  she  shall  be  removed 
by  the   superintendent,   upon   the   a})pIication  of  the  executive   <d'  the 
nation,  the  superintendent  being  satisfied  of  the  truth  and  sufficiency  of 
the  charges  preferred. 

Article  XXXI.  Any  person  duly  charged  with  a  criminal  offence  Stirrender  of  i»- 
against  the  law.s  of  either  the  Creek,  Sertiinole,  Choctaw  or  Chickasaw  g"'^''"  '<■•"»  J«" 
Nations,  and  e.Mcaping  into  the  jurisdictioaaf  the  Cherokee  Nation,  shall 

/       26 


4  rZ  TREATY  WITH  THE  CHEROKEES. 

be  proaiptl3r'  turrendered  upon  the  demand  of  the  proper  authority  of  the 
nation  witliin  who^e  jurisdiction  the  offence  shall  be  alleged  to  have 
been  committed;  and  in  like  manner,  any  person  duly  charged  with  a 
criminal  offence  against  the  laws  of  the  Cherokee  Nation,  and  escaping 
into  the  jxirisdictiou  of  either  of  the  said  nations,  shall  be  promptly 
surrendered  upon  the  demand  of  the  proper  authority  of  the  Cherokee 
Nation. 

Article  XXXII.    The  Cherokee  Nation  shall  promptly  apprehend 
and  deliver  up  all  persons  duly  charged  with  any  crime  against  the  laws 
of  the  Confederate  States,  or  of  any   State   thereof,  who   may  be  found 
within  its  limits,  on  demand  of  any  proper  officer  of  the  State  or  of  the 
Conl'ederate  States;  and  in  like  manner  any  person  duly  charged  with  a 
criminal  offence  against  the  laws  of  the  Cherokee  Nation,  and   escaping 
into  the  jurisdiction  of  a  State,  shall  be  promptly  surrendered,  on  demand 
of  the  executive  of  the  nation. 
Any  of  tlic  Ci.e-      ARTICLE  XXXIII.   Whenever  any  person,  who  is  a  member  of  tlie 
j»...>js  inflittea  m  {Jliej-oliee  Nation,  shall  be  indicted  for   any  offence  in  any  court  of  the 
.^    'I-  ;-t"at«!  eciirt  ^^'^'^^''^'^^^'*^^^  States,  or  of  a   State,  he  shall   be  entitled,  as   of  common 
cuiiiiad  to  Tjroi'esa  right  to  subpoena,  and,  if  necessary,  to  compulsory  process  for  all  such 
i.K  witueests.         v^'itnesses   in   his  behalf  as   his    counsel    may  think   necessary  for  his 
C..st3  of  process,  defence  ;  and  the  cost  of  process  for  such  witnesses  and  of  service  thereof, 
aid  fees  and  luile-  g^^^j  ^{jg  f^^g  ^^^  mileage  of  such  witnesses  shall  be  paid  by  the  Confed- 
erate  States,  being  afterwards  made,  if  practicable,  in  case  of  conviction, 
Vfheri  aecase tlof  the  proficrty  of  the  accused.     And  whenever  the  accused  is  not  able 
lif.iy  bo   assigned  iq  employ  counsel  the  court  shall  assign  him  one  experienced  counsel  for 
his  defence,  who  shall  be  paid   by  the   Confederate   States   a  reasonable 
compensation  for  his  services,  to  be   fixed   by  the  court,  and  paid  upon 
tlie  certificate  of  the  judge. 
JienditioQ  of  i'u-      ARTICLE  XXXI V^    The  provisions  of  all  such  acts  of  the  Congress  of 
g;!,ive  slavfcs.  i\^Q  Confederate  States  as  may  now  be  in  force,  or  as  may  hereafter  be 

enacted  for  the  purpose   of  carrying  into  eti'ect   the   provisions  of  the 
Constitution  in  regard  to  the  redelivery  or  I'cturn  ol'  fugitive  slaves,  or 
fugitives  from  labor  and  service,  shall  extend  to  and  be  in  full  force  within 
the  said  Cherokee  Nation  ;  and  shall  also  apply  to  all  cases  of  escape  of 
fugitive  slaves  from  the  said   Cherokee   Nation  into   any  other   Indian 
nation,  or  into  one  of  the  Confederate  States  ;  the  obligation  upon  each 
such  nation  or  State  to  redeliver  such  slaves  being  in  every  case  as  com- 
plete as  if  they  had  escaped  from   another  State  and   the  mode  of  pro- 
cedure the  same. 
Cticrokees  com-      ARTICLE   XXXV.  All   persons,  who  are  members  of  the   Cherokee 
i^jkniius  witssetjses  j^Tjj^Jqj^j^  shall  hereafter  be  competent  as  witnesses  in  all  cases,  civil  and 
^^  g^"  "     criminal,  in   the  courts   of  the   Confederate  States,  unless  rendered  in- 

competent from  some  other  cause  than  their  Indian  blood  or  descent. 
t^xiihandereaii      Ap.TiCLK  XXXVI.  The  official  acts  of  all  judicial  officers  in  the  said 
f'!'"  ^i?"^;/.?:'!;  !?^i  uation  shall  have  the  same  effect  and  be  entitled  to  the  like  faith  and 
1  aicf.s.  credit  everywhere,  as  the  like  acts  oi  juaicial  oincers  oi  the  same  grade 

Autheaiieation  and  jurisdiction  in  any  of  the  Confederate  States;  and  the  proceedings 
'>.T  rijoords,  laws,  of  {]iq  courts  and   tribunals  of  the   said   nation   and   copies  of  the  laws 
and  judicial  and  other  records  of  the  said  nation  shall  be  authenticated 
like  similar  proceedings  of  the  courts  of  the  Confederate  States,  and  the 
laws  and  office  records  of  the  same,  and  be  entitled  to  like  faith  and 
credit. 
nxlsticg  Lews,      Article  XXXVII.  It  is  hereby  declared  and  agreed  that  the  institu- 
u>rat*^iuTsffard  to  *^^^  *^^  ^''^^^^y  ^'^  ^'^^  ^^'^^   nation   is   legal   and   has  existed  from  time 
Biavery,    declared  immemorial ;  that  slaves  are  taken  and  esteemed  to  be  personal  property; 
biadrg.  that  the  title  to  slaves  and  other  property  having  its  origin  in  the  said 

nation  shall  be  determined  by  the  laws  and  customs  thereof;  aad  that 


TREATY  WITH  THE  CHEROKEES.  48$ 

the  slavei  and  other  personal  property  of  every  person  domiciled  in  said 
nation  shall  pass  and  he  distributed  at  his  or  her  death  in  accordance 
with  he  laws,  usages  and  customs  of  the  said  nation,  which  may  be 
proved  like  foreign  laws,  usages  and  customs,  and  shall  everywhere  be 
lield  binding  within  the  scope  of  their  operations. 

AaTlOLB  XXXVIIl.   No  ex  post  facto  law,  or  law  impairing  the  obli-     No  expoit  /atto 
gatiou  of  contracts  shall  ever  be  enacted  by  the  legislative  authority  of  !;'J\"hJ^«b"gation 
the  Cherokee  Nation;  nor  shall  any  citizen  of  the  Confederate  vStatcs,  of  contract's  to  b« 
or  member  of  any  other   Indian  [nation,]  or   tribe   be  disseized  of  his  enacted, 
property  or  deprived  or  restrained  of  his  liberty,  or  fine,  penalty,  or  ^'^r- ^^^^sYib.riy  S 
feiture  be  imposed  on  him  in  the  said  country,  except  by  the  law  of  the  private    property, 
land,  nor  without  due  process  of  law  ;  nor  shall  any  such  citizen  be  in  secured, 
any  way  deprived  of  any  of  the  rights  guaranteed  to  all  citizens  by  the 
Constitution  of  the  Conicderate  States. 

AiiTlcr-K  XX XIX.  It  is  further  agreed  that  the  Congress  of  the  Con-  Post-offioos. 
federate  States  shall  establish  and  maintain  post-offices  at  the  most 
important  places  in  the  Cherokee  Nation,  and  cause  the  mails  to  be 
regularly  carried,  at  reasonable  intervals,  to  and  from  the  same,  at  the 
same  ratc-i  of  postages  and  in  the  same  manner  as  in  the  Coniederate 
States;  and  tlie  pwtm;isters  shall  be  appointed  from  among  tlie  citizens     Appointment  of 

/.  .1      /-(i         1         V   t;    „  postmasters, 

ot  the  Cherokee  Nation.  *^  , 

AiiTiCLE  XL.    In  c msideration  of  the  common  interest  of  the  Chero-     Cherokee?  to 
kee  Nation  and  the  Confederate  States,  and  of  the  protection  and  rights  ^"■oishare^iment, , 
guaranteed  to  the  said  nation  by  this  treaty,  the  Cherokee  Nation  hereby  ^jr^'y*^^^'^"^ 'J'' g*  ' 
agrees  that  it  will   raise   and   inrnish   a   regiment  of  ten   companies  of 
mounted  men,  with  two  reserve   companies,  if  allowed,  to  serve   in  the 
armies  o!"  th.^  Confederate  States  for  twelve   months;  the   men  shall   be     Arm?, 
armed  by  the  Confede<-ate  States,  receive  the  same   pay  and   allowances     Pyy  and  ftllow- 
as  other  mounted  troops  in   the  service,  and    not   be  moved   beyond  the  anccs. 
limits  of  the  Indian  country  west  of  Arkansas  without  their  consent. 

AuriCfiK    liXl.    The   Cherok -e    Nation    hereby   agrees   to   raise   and     Troops   for   the 
t'urnish,  at  any  future  time,  upon  the  re.iuifliti(»n  of  the  LVesident,  such  defence  of  the  In- 
number  of  troops   for   the  defence   of  tiie    Indian  country,  and   of  the  fr\l^,"tioT  of'?he*c! 
frontier  of  the   Confederate  States,  as  he  may  fi.K,  not   out  of  fair  pro- s. 
portion  to  the  number  of  its  p.jpulation,  to  be  e'.uployed  for  such  terms 
of  service  ai  the  President  miy  determine  ;  and  such  troops  shall  receive     Pay  and  ai  ow- 
the  same  piy  and  allowances  as  other  troops  of  the  s«m«  class  in  the  *°*"^'' 
service  of  the  Confederate  States. 

Article  XLII.  It  is  farther  agreed  by  the  said   C«)nfederate  States    Chcrokee.no pay 
that  the  said  Cherokee  Nation  shall  never  be  required  or  called  upon  to^'op'^ri^f-.xy^e.naon 
,       ,  ,  .  X      .•  .1  c  ii  \  "1  prescQt  or  any 

pay,  in  land  or  otlierwi.-'.e,  any  part  or  the  exoenses  ot  the   present  war,  [^^^^^,  ^^^ 

or  of  any  war  waged  by  or  against  the  ('onfederate  States. 

AaTiciiS  Xlilll.    It  is  further  agreed   tliat  after   the   restoration  of     o.  S   to  defend 
peace,   the    (>)vernment  of    the    C  )nfe..ler.ite    States    will    defend    the  fr'.ntiersuf  tho  In- 
tVontier-s  of  the  [nliau  country,  ((f  wh-ch  the  Chcn.kee  country  is  a  part,  ;|;;|^  .f/c'for^s  a«d 
And  hold  the  torts  and  posts  therein,  with  native  t'-oops,  recruited  ain.mg  p„Bt8. 
the  several    Indian   nations   included   therein,   under  the  command  of 
oiTicers  of  the  Confederate  States,  in  preference  to  other  troops. 

AilTlOE  XiilV.  [n  order  to  enable  the  Cherokee  Nation  to  claim  its  Do' a-atc  i*  Con- 
rights  and  secure  its  interests  without  the  intervention  of  counsel  or  b'"^'«8- 
agents,  it  sh  til  be  entitled  to  a  delegate  to  the  House  of  Representa- 
tives of  the  Confederate  States  of  America,  who  sha^il  serve  for  the 
term  of  two  years,  and  be  a  nitive  born  citize;i  of  the  (/herokee  Nition, 
over  twenty-one  years  of  age,  ami  laboring  under  no  legal  disability  by 
the  law  of  the  said  n  ition  ;  and  each  delegate  shall  he  entitled  to  the 
same  rights  and  privileges  as  miy  be  enjoyed  by  delegates  from  any 
f'erritories  of  the  Confederate  States  to  the  said   Mouse  of  H.^pre.?enti- 


404  TREATY  WITH  THE  CHEROKEBS. 

tives.     Each  shall  receive  such  pay  and  mileage  as  shall  be  fixed  bj  the 
Hirst  election  for  Congress   of  the   Confederate   States.     The  first   election  for   delegate 

Jdegafe.  shall  be  held  at  such  time  and   places,  and   shall   be  conducted  in  such 

manner  as  shall  be  prescribed  by  the  Principal  Chief  of  the  Cherokee 
Nation,  to  whom  returns  of  such  elections  shall  be  made,  and  who  shall 
declare  the  person  having  the  greatest  number  of  votes  to  be  duly  elected, 
and  give  him  a  certificate  of  election  accordingly,  which  shall  entitle 
Subsequent  dec  him  to  his  seat.     For  all  subsequent  ekctions,  the  time,  places  and  maa- 

'***"^-  ner  of  holding  them,  and  ascertaining  ;.nd  certifying  the  result,  shall  be 

prescribed  by  the  Conlederate  States. 
Debt  due  by  the      ARTICLE  XLV.     It  is  hereby  ascertained  and   agreed  between   the 

fL  S.  to  the  Cher-pfji-tigg  ^o  this  treaty,  that  the  United  States  of  America,  of  which  the 
Confederate  States  of  America  were  heretofore  a  part,  were,  before  the 
separation,  indebted,  and  still  continue  to  be  indebted  to  the  Cherokee 
Nation,  and  bound  to  the  punctual  payment  to  them  of  the  following 
sums  annually  on  the  first  day  of  in  each  year,  that 

is  to  say  :  It  was  agreed  by  the  tenth  article  ot  the  treaty  of  the  twenty- 
ninth  day  of  December,  A  D.,  one  thousand  eight  hundred  and  thirty- 
five  that  the  sum  of  two  hundred  thousand  dollars  should  be  invested  by 
the  President  of  the  United  States,  in  some  safe  and  most  productive- 
public  stoi-ks  of  the  country  for  the  benefit  of  the  whole  Cherokee  Nation, 
in  addition  to  the  annuities  of  the  nation  theretofore  payable,  to  consti- 
tute a  permanent  general  fund,  and  that  the  nett  income  of  the  same 
should  be  paid  over  by  the  President  annually  to  such  person  or  persons 
as  should  be  authorized  or  appointed  by  the  Cherokee  Nation  to  receive 
the  sunie,  whose  receipt  should  be  a  full  discharge  for  the  amount  paid 
to  them,  the  same  interest  to  be  ap{  lied  annually  by  the  ctjuncil  of  the 
nation  to  such  purposes  as  they  miaht  deem  best  for  the  general  interests 
of  their  people;  and  it  was  agreed  by  the  eleventh  article  of  the  same 
treaty,  that  the  permanent  annuity  of  ten  thousand  dollars  of  the  Cher- 
okee Nation  should  be  commuted  lor  the  sum  of  two  hundred  and  four- 
teen thousand  dollars,  and  that  the  same  should  be  invested  by  the  Pres- 
ident of  the  United  States,  as  a  part  of  the  said  general  fund  of  the 
nation,  which  thus  became  four  hundred  and  fourteen  thousand  dollars. 
And  it  was  agreed  by  the  tenth  article  of  the  same  treaty,  that  the 
President  of  the  United  States  should  invest  in  some  safe  ond  most  pro- 
ductive public  stocks  of  the  country,  the  further  sum  of  fifty  thi-msand 
dollars,  to  constitute  a  j»ermancnt  (Vidian's  fund  ;  and  that  hesho^ild  jiay 
over  the  nett  income  of  the  same  annually  to  such  person  or  persons  as 
should  be  authorized  or  appointed  by  the  Cherokee  Nation  to  receive 
the  same,  whose  receipt  should  be  a  full  discharge  for  the  amount  paid 
to  them;  which  nett  annual  income  should  be  expended  towards  the 
sup]iort  and  education  of  such  oiphau  children  of  the  Cherokees  as  might 
be  destitute  of  the  means  of  subsistence  And  it  was  agreed  by  the  tenth 
article  of  the  same  treaty,  that  the  further  sum  of  one  liundied  and  fifty 
thousand  dollars  should  be  invested  by  the  Pre'<identof  the  United  States 
in  pome  safe  and  most  productive  public^  stocks  of  the  countrv  for  the  ben- 
efit of  the  whole  Cherokee  Nation,  which  should  constitute,  in  addition  to  the 
existing  school  fund  of  the  nation,  a  permanent  school  fund,  the  nett  income 
whereof  the  President  should  pay  over  annually  to  such  person  or  jieisons 
as  should  be  authorized  or  appointed  by  the  Cherokee  Nation  to  receive 
the  same,  whose  receipt  should  be  a  full  discharge  for  the  amount  paid  to 
them  ;  and  that  the  interest  should  be  applied  annually  by  the  council  of 
the  nation  for  the  support  of  common  schools  and  such  a  literary  institu- 
tion of  a  higher  order  as  might  be  established  in  the  Cheiolcue  country, 
and  it  was  estimated  by  the  eleventh  articleof  the  sametreaty  that  the  then 
existing  school  fund  of  the  nation  amounted  to  about  fifty  thousand  dollars. 


TREATY  WITH  THE  CHEROKEES.  46* 

whicli,  it  was  tliereby  agreed,  should  consUtute  a  part  of  the  permanent 

school  fund  aforesai<l.     And  it  is  also  further  agreed   between    the   said 

parties  to  this  treaty,  that  the  United   Stales  of  America  while  the  said 

Confederate  States  were  States  of  the  said  United   States,  did   invest  the      Invrslment    of 

whole  of  the  said  several  principal  sums  of  money,  except  the  sum  of  five  f^*^l^J"^'°^'P*' *"™* 

thousand  dollars,  in  stocks  of  the  States  hereinafter  named,   and  of  the 

United  States,  to  the  amount  hereinafter  named  in  eacli,  that  is  to  say: 

The  Permanent   General  Fund  nf   the  Nation.  Fcrnaancnt  gen- 

eral fund. 

In  seven  per  cent,  stock  of  the  State  of  Florida,  seven  thousand  dollars, 
($7,000.) 

In  six  per  cent,  stock  of  the  State  of  Georgia,  one  thousand  and  five 
hundred  dollars,  (|)1,500  ) 

In  five  per  cent,  slock  of  the  State  of  Kentucky,  ninetj'-four  thousand 
dollar.^  ($94,000.) 

In  si.v  per  cem.  stock  of  the  State  of  Louisiana,  seven  thousand  dollars, 
($7,000.) 

In  six  per  cent,  stock  of  the  State  of  Maryland,  seven  ]iun<lred  and 
sixty-one  [dollars]  and  thiity-nine  cents,  {^1G\   39.) 

In  six  per  cent,  stock  of  the  State  of  Missouri,  fifty  thousand  dollars, 
($50,000.) 

In  six  per  cent,  stock  of  the  State  of  North  Carolina,  twenty  thousand 
dollars,  (820,000.) 

In  six  per  cent,  stock  of  the  State  of  South  Carolina,  one  hundred  and 
seventeen  thousand  dollars,  (Si  17,000.) 

Ill  five  per  cent,  stock  of  the  State  of  Tennessee,  one  hundred  and 
twenty-five  thousand  dollars,  (§125,000.) 

In  six  per  cent,  stock  of  the  State  of  Tennessee,  five  thousand  dollars, 
(5f5,0O0.) 

And  in  six  per  cent,  stock  of  the  Stat<*  of  Virginia,  ninety  thousand 
dollars,  (S90,000.) 

Making  the  whole  capital  so  invested,  five  hundred  and  seventeen  tlioii- 
sand  two  hundred  and  sixty-one  dollars  and  twenty-nine  cents;  the  nett 
annual  income  whereof  was  and  is  twenty-eight  thousand  nine  hundred 
and  fourteen  dollars  and  ninety-one  cents. 

Tlic  Permanent    Orphan  Fund.  P  e  nnanent  or- 

phan fund. 

In  six  per  cent,  slock  of  the  State  of  Virginia,  forty -five  thousand  dol- 
lars, ($45,000.) 

The  nett  annual  income  whereof  was  and  is  two  thousand  and  seven 
hundred  dollars;  leaving  the  sum  of  five  thousand  dollars  uninvested  and 
which  still  so  remains. 

The  Permanent   School  Fund.  Permanent scho»  1 

fund. 

Tf^  seven  per  cent,  stock  of  the  State  of  Florida,  seven  thousand  dol- 
lars, (67,000.) 

In  six  per  cent,  stock  of  the  State  of  Louisiana,  two  thousand  dollars, 
{%.  000.) 

n  five  and  a  lialf  per  cent,  stock  of  the  State  of  Missouri,  ten  thousand 
(h   lni«,  (§10,000) 

In  six  per  cent,  stock  of  the  State  of  Missouri,  five  thousand  dollars, 
(>5.000.) 

In  six  per  cent,  stofk  of  the  State  of  North  Carolina,  twenty-one  thou- 
sand dollars,  (021,000.) 


405  TREATY  WITH   THE  CMEROKEES. 

In  five  per  cent,  stock  of  the  State  of  Pennsylvania,  four  tbonsaiui  dol- 
lars, (84,000.) 

In  six  per  cent,  stock  of  tlie  State  of  tlie  South  Carolina,  one  thousand 
dollars.  (Si, 000.) 

In  six  per  cent. stock  of  the  State  of  Tennessee,  seven  thousand  dollar?. 
($1,000.) 

In  the  United  States  six  per  cent,  loan  of  1847,  five  thousand  eight 
hundred  dollars,  ($5,800.) 

And  in  six  per  cent,   stock  of  the   State  of  Virginia,  one  hundred  and 
r  thirty-five  tliousand  dollars.  (Si -35,000.) 

Mfdcinof  the  whole  capital  so  invested,  of  the  said  permanent  school 
fund,  one  hundred  and  ninety-.seven  thousand  eight  hundred  dollars,  the 
nett  annual  income  of  whei'eof  was  and  is  eleven  thousand  eight  hundred 
and  foi'fy-eight  dollars. 

All  of  whi(di  stocks  the  said  United  States  now  and  do  still  continue  to 
hold,  or  ought  to  have,  in  their  hands. 
Intsrcst  due  on      And  it  is  also  herehv  ascertaineil  and  agreed  between  the  parties  to  this 
?,?ri"°?ir^°r!  treaty,  that  there  will  l.e  due  to  the  Cherokee  Nation  on   the  first  day  of 
thereof,  eianuaiy,  m  the  year  of  our  l.ord,  one  thousand  eight  liundred  and  sixty- 

two,  for  and  on  account  of  tlie  said  annually  accruing  interest  on  the  said 
principal  sums,  and  of  arrearages  thei-enf,  tlie  sum  of  sixty-five  thousand 
six  hundred  and  forty -four  dollars  and  thirty -six  cents,  as  follows,  that  is  to 
say: 

For  the  instalments  of  interest  on  the  permanent  general  fund,  as  in- 
vested, for  .luly,  1860,  and  .lanuarv  and  July,  1861,  forty-three  thousand 
three  hundred  and  seventy-two  dollars  and  thirty-six  cents,  (.$43,372  36.) 

For  the  instalments  of  inter^i^t  on  the  permanent  orphan  fund,  as  invest- 
ed and  uninvested,  for  -July,  1860,  and  January  and  Jul}-,  1861,  four  ihou- 
sand  five  hundred  dolIars,\S4.500.) 

For  the  instalments  of  interest  on  the  permanent  school  fund,  as  invested, 
for  July,  1860,  and  January  anVl  July,  1861,  seventeen  thousand  seven  hun- 
dred and  seventy-two  dollars,  f Si 7,772.) 

And  it  not  being  desire<l   by  the  Confederate  States   that   the  Cherokee 

Nation  should  continue  to  receive  these  annual  sums  of  interest  or  the  said 

arrearages,  from  the  Government  of  the  United   States  oi-  otherwise  have 

TheC.  S.asaume  any  further  connection  with  that  (Jovernment :  therefore,  the  said  Confed- 

ihe  priym.int  f>>r  erate  States  of  America  do  hereby  assume  the  payment  for  tlie  future  of 
the  future,  of  the    ,  ,  .  ,  .  ,       •         „   „  i     '    •      ,     -,    ,,  pi 

interestandarrear- *^he  annual  mtere.st  on  the  said  sum  ot  nve  thousand    dollars,  part  of  the 

ages.  permanent  orphan  fund,  which  was  never  invested,  and   on  so  much   and 

such  parts  of  said  principal  sums  as,  having  once  been  invested,  may  now 
be  in  the  hands  of  the  United  States  uninvested ;  and  also  of  the  annual 
intei'est  on  so  much  and  such  parts  of  the  .said  several  principal  sums  as 
may  have  been  invested  in  stocks  of  the  United  States  or  in  the  bonds  or 
stocks  of  any  of  the  States  other  than  the  said  Confederate  States;  and 
do  agree  and  bind  themselves  regularly  and  punctually  hereafter,  on  the 
first  day  of  July  in  each  and  every  year,  to  pay  the  same ;  and  they  do 
also  agree  and  bind  themselves  to  pay  to  the  treasurer  of  the  Cherokee 
Nation  immediately  upon  the  complete  ratification  of  this  treaty  the  said 
sum  of  sixty-five  thousand  six  hundred  and  forty-four  dollars  and  thirty-six 
cents  for  such  interest  and  arrearages  now  due  and  whicdi  will  b«  due  on 
the  first  day  of  January,  A.  D.,  one  thousand  eight  hundred  and  sixty-two, 
as  are  above  stated. 
Algo  tlio  duty  of     And  the  said  Confederate  States  of  America  do  hereby  assume  the  duty 

(toUectiagandpay-  f^y^^]  obliffation  of  collectiner  and  payinaf  over  as  tiusfee-;  to  the  said   Cher- 

ing  over  the  money    ■,         ^y  7.  ,,  „      '  1     ■,     ■-    ,  ,  ^      ,  i         j        -i 

accruino-  from  the '^^^'^^  iNation  ail  sums  of  money  not  heieoy  agreed  to  be  assumed  and  paid 
bonds  of  the  States  by  them,  accruing  whether  from  interest  or  ca])ital  of  the  bonds  of  the 
of  this  Coafodera- several  States  of  the   Confederacy  now  held   by  the   Government  of  the 


TREA.TY'  WITH  THE  CHEIIOKEES.  407 

United  States  as  trustee  for  the  Cherokee  Nation  ;    and   the  said   interest  c    li«ild  by  the  u. 
and  capital,  a>^  collected,  shall  be  paid  over  to  the  said  Cherokee   Nation.^-  ^^  trustee. 

And  the  said  Confederate  States  will  request  the  several  States  of  the  ^  R°l^!,''_^j^>J»^^l^« 
Confederacy  whose  bonds  are  so  held,  to  provide  by  legislation  or  other- f^^j^^  '  j',  ^^^ 
wise  that  the  capital  and  interest  of  such  bonds  shall  not  be  paid  to  the  tlioir  said  bondy  ti) 
Government  of  the  United  Srates,  but  to  the  Government  of  the  Con  fed  e- 'i^^  C.  S.,  in  tru«^ 
rate  States  m  trust  tor  the  said  Cherokee  Nation.  »  Nation. 

And  the  said  Confederate  States  of  America  do  hereby  guarantee  to  the     The  C.  S.  guar 
said  Cherokee  Nation  the  final  settlement  and  full  payment,  upon  and  after  antee  to  'ho  uber- 
the  restoration  of  peace  and  recognition  of  their  independence,  as  ^>f 'hdtts  ^^^^^^^^^^^'^^^j  ^'^'^j 
in  good  faith  and  conscience  as  well  as  in  law  due  ;iiid  owing  on  good  and  payinwut  ol  all  iL« 
valuable  consideration  bv  the  said  Confederate   States   and   other  of  the  principal  autns  »>f 
United  States  jointlv  before  the  secession  of  any  of  the  States,  of  any  and  ["^^"u^^yf"*    ^'"™ 
all   parts  of  the  said   several    principal   sums  of  money   wdiich    may  have 
remained  uninvested   in  the  han<ls  of  the  I'^nite  1   States,   or  whi(  h  max 
have  been  asjain  received  by  them  after  investment  and  may  now  be  held 
by  them;  aii'l  do  also  guarantee  to  the  sai.l  Cherokee  Nation  the  final  set- 
tlement and  full  payment,  at  the  same  ])eriod,  of  the  capital  of  any  and  all 
bonds  or  stocks  of  any  State  not  a  member  of  the  Confederacy  and  of  any 
and  all  stocks  of  the  United  States  in  which  any  of  the  Ciierokee  funds 
may  have  been  invested. 

AaricLF:  XLVl.  All  the  said  annual  p;)ymeiits  of  interest  and  the  arrear-     iiow  the  annnia 
ages  shall  be  applied  under  the  exchnive  direction  of  the  legislative  author- r«y"^^""'8 of  intoi 
itv  of  the  Cherokee  Nation  to  the  support  of  their  (iovernmeut,  to  the  pur-  ''^^  '"''^  K*^*.'^r''j 
poses  ot  education,  to  the  maintenaui-e  ot  oiplians,  and  to  such  other  ob- 
jects for  the  promotion  .-mil  advancement  of  the  improvement,  welfare  and 
happiness  of  the  Cherokee  people  and  their  desceudants,  as  shall  to  the 
legislature  see:n  goo  I.  the  s;i.m;^  being  in  accordan'-e   with   treaty   stipula- 
tions and  maintaining  unimpaired  the  good  faith  of  the  Cherokee  Nation 
to  those  ])ersons  and  in  regard  to  those  ol)je*'ts  for  whom  and  v.diicdi  it  has 
become  trustee.     And  the  cajiital  sums  aforesaid  shall  be  invested   or  re-      Investment    of 
invested  with  any  other  m<Mieys  herebv  guaranteed,  af(er  the  restoration  of*^*  wipital  sums, 
peace,  in  stocks  of  the  States  of  the  Confederacy  at  their  market  price  and 
in  .such  as  bear  the  highest  rate  of  interest,  or  .shall   be   paid  over  to  the 
Cherokee  Nation,  after  reasonable  notice,  to  be  invested  by  its  authorities 
as  its  legislature  may  request.     And  no  department  or  officer  of  the  Gov- 
ernment of  the  Confederate  States  shall  hereafter   have   power  to  impose     „ 
any  conditions,  hmitations  or  restrictions  on  the  payment  to  the  said  nation  reptriciiooa   to  b« 
of  any  [of]  said  annual  sums  of  interest,  or  of  any   arrearages,  or  in   any  imposed   on  tb« 
wise  to  control  or  direct  the  m<)de  in  which  such   inonevs   wheii   received  P-'J™^"*  "'  intar- 

,  ,  1         •,•  /     ,1  ,•  1      n    1  1-  11''  A   1  est.     AC,       to     tDB 

by  the  authorities  of  the  nation,  shall  be  disposed  ot  or  expended.  Cherokcea. 

Ainioi.K  XLVII.    Whereas,  by  the  treaty  of  the   twenth-ninth   day  of    Land  sold  by  tha 
December,  A.  !>..  one  thousand  eight  hundred  and  thirty -five,  the  United  ^-^^  *<*  "'*^  ^'-^^^ 
States  of  America,  in  consideration  of  the  sum  of  five   hundred   thousand"' 
dollars,  part  of  the  of  the  sum  of  five  millions  of  dollars   agreed    by  that 
treaty  to  be  paid  to  the  Cherokee  Nation  for  the  cession  of  all  their  lands 
and  possessions  east  of  the  Missis-jippi   river,  did   covenant  j»nd   ajjree  to 
convey  to  the  Cherokees  and  their  descendants  by  patent  in  fee  simple  the 
certain  tract  of  laiul  between  the  State  of  Hissouri  and  the  Osage  reserva-     Boundaries, 
tion,  the  boundary  line  whereof  it  was  provide«l  should  begin  at  the  south- 
east corner  of  the  said  Csaii;e  reservation  and  run  north  along  the  cast  line 
of  the  Osage  Ian  Is  fifty  miles  to  the  northeast  corner  thereof;  thence  east 
to  the  we-<t  line  of  the  State  of  .Missouri ;  thence  with  that  line  south  fifty 
miles;  and  thence  west  to  the  place  of  beginning:  which  tract  of  country 
w.as  estimated   to  contain   eiglit  hundred    ihou-^vnd    acres  of  land ;    and     r-  ..i  j      '     • 

1  I  II  ^1111  1        1       1  •  1  .^etllod  on  oy  in 

whereas,  the  same  has  i)een  sei/ed  and  settleil  up<m   by   lawless  intruders  truUors    from  tbt 
from  the  northern  S'-ates  and  may  become  totally   lost  to  the  Cherokees :  tba northern Sto.tr.«) 


iQQ  TREATY  WITH  THE  CHEROKEES. 

Payment  for  the      Now,  therefore,  it  is  fuillier   hereby  agreed   between  the  parties  to  this 
land,  shiiuUl  it  be  tr^atv,  that  in  case  the  saiJ   tract  of  country   should   be  ultiutately  lost  to 
lost  to  the  Ohi'Td-  |.j^g  (Jlierokees  by  the  chances  of  war,  or  the  terms  of  a  treaty  of  peace  or 
thum^bvTh'rc!  s!  otherwise,  the  Confederate  States  of  America  do  assure  and  guaranty  to 
the  Clicrokee  Nation  the  payment  therefor  of  tlie  said  sum  of  live  hundred 
thousand  dollars,  with  interest  tliercon  at  the   rate  of  five  per  cent,  per 
annum  from  the  said  twenty-ninth  day  of  December,  A.  D.,  one  thousand 
ciglit  hundred  and  thirty-tive,  and  will  either  procure  the   payment  of  the 
same  by  the  United  States,  or  pay  the  same  out  of  their  own  treasury,  after 
the  restoration  of  peace, 
AJvancement  to      AuTici-K  XLVllI.     At  the   vefjuest  of  the   authorities  of  o/'    the  (Jher- 
the  Cherokee- ^■il- ^]j.^^  Nation,  and  in   consideration  (»f  the   unanimity   and   i)roraptness  of 
S^ation^oV^"i'stlleir  people  in  responding  to  the  call  of  the  Confederate  States  for  troops, 
treaty.  and  of  tlieir  wjiiit  of  means  to  cng^-ge  in  any  woiks  of  public   utHity  awd 

general  benefit,  or   to   maintain   in   successful   operation   their  male  aod 
female  seminaries  of  learning,  the  Confederate  States  do  hereby  agree  to 
advance  to  the  said  (Mierokee  Nation,  immediately  after  the  ratification  of 
this  treaty,  on  account  of  the  said  sum  to  be  ])aid  for  the  said   lands  men- 
tioned in  tlie'preceduig  article,  the  sum  of  one  hundred  and  fifty  thousand 
dollars,  to  be  paid  to  the  treasurer  of  the  nation,  and  aiiprojiriated  in  such 
manner  as  the  legislature  may  dire<-t ;  and  to  hold  in  their  hands  as  invested 
for  the  benefit  of  the  said  nation,  the  further  sum  of  fifty  thousand  dollars, 
and  to  jiay  to  the  treasurer  of  said  nation   interest  tliereon,   annually,  on 
thefirst  day  of  July  in  each  year,at  the  rate  of  six  per  cent,  per  annum,  which 
shall  be  sacredly  devoted  to  ilie  support  of   the  said   two  seminaries  of 
learning,  ami  to  no  otlier  purpose  whatever. 
Treaty  "t  the      Aimci,E  XLIX.  It  is  further  ascertaiiied  and  agreed  by  and  between  tlie 
4thA.il/lS4fi.with  Confederate  States  and  the  Clierokee  Nation    ihat  the   treaty  of  the  sixth 
tedana'^.Mm'jludTriday  of  August,  A.  ]>.,  one  thou-^and  eight  hundred  and  forty-six,  was  nego- 
with  tbr<- panics,  tialed  and  concluded  with  the  United  States,  by  three  several  parties,  that 
to  wit:  the  Chcro-jg  jq  g.^y^  t{,y  Cherokee  Nation,  by  delegates  appointed  by  its  constituted 
"freaty'?arty"a^nd''^"^'-'^'''^'^^?  *'''^^  poition  of  the  nittion  known  as  "tlie  treaty  party,"  being 
the  "western  Cher- those  wlio  made  and  those  who  agreed  to  the  treaty  of  the  year  one  thou- 
okee?   (;r  "'f.Msut- g;jfi,]  eight  hundred  and  tliirty-fivc  ;  and  "  the  western  Cherokees,"  or  "  old 
^^^''•"  settler.s,"  being  those  who  had   removed   west  j)iior  to   the  date  of  tliat 

treaty,  ami  were  then  residing  there.     That  the  said  three  parties,  by  their 
delegates,  after  tlie  niakiug  of  the  said  treaty,  of  the  year   one  thousand 
MotK-v  borrow- ^'o''"^  hundred  and  forty-six,  borrowed  from  Corcoran  and  Riggs,  bankers 
ed   by  'the    three  in  the  city  of  Washington,  the  sum  of  sixty  thousand  dollars,  upon  agree- 
parties  troia   Cor-  ment  endorsed  by  the  Secretary  of  War,   by   wliich   the  same   was  to  be 

ooran  ^«'^  |^'?rg'*' repajj  witH  interest,  when  the  moneys  payable  under  said   treaty   should 
i>ankor.-  o!  Wasn-      t        '         .  '  i,  •,"'*.         ^     n       ^^  jiii        i 

ingtoD  ciiy.  be  ai)propnated,  as  follows,  that  is  to  say  ;  twcnty-hvc  thousand  dollars  t)y 

the  treaty  party,  twenty  thousand   dolhns   by  ihe    western    Cherokees   or 

old  settler  party,  and  fifteen    thousand   dollars   by   the   Cherokee  Nation. 

Apt.r.-(.ri;i'/ioaofThat  at  the  session  of  Congress  m-'.xt  after  the  making  of  tlsat  trealy,  the 

moneys  paid  under  g^,,^  ^f  twenty-seven  thousand  dollars,  for  the  Cherokee  Nation,  was  appro- 

^  ^^■•^•^-  priated  under  the  eighth  aiticle  of  the  same,  and  the  sum  of  one  hundred 

thousand  dollars,  under  the  sixth  article,  for  the  treaty  ])arty;    but  no  ap- 

propi'iation  was  made  for  the  western  Cherokees  or  old  settler  party,  nnder 

the  fourth  article,  (whereunder   only  any  moneys   were   payable  to  them,} 

the  amount  due  them,  and  which  was  to  be  wholly  i)aid  per  capita,  nnder 

that  article,  not  having  as  yet   been   ascertained  ;    that  consequently  the 

sum  bori'owed  as  aforesaid,  with  theai^crned  interest,  was  repaid  out  of  the. 

two  appropriations  afoiesaid,  one  half  of  the  piincipa!  and  interest  which 

sliould  have  been  paid  by  the  western  Cherokees  or  old  settler  party,  being 

deducted  from  and  paid   out  of  the  appi'opriation   made  for  each  of  the 

others;  and  there  being  thus  paid,,  out  of  the  moneys  so  appropriated  under 


TREATY  WITH  THE  CHEROKEES.  409 

the  eighth  article,  for  \arious  purposes,  for  the  whole  nation,  over  and 
above  its  proportion,  the  snin  of  ten  thousand  three  hundred  dollars;  and 
out  of  the  moneys  appropriated  under  the  sixth  article,  for  those  of  the 
treaty  party  who  had  sui^tained  losses  and  damage  in  consequence  of  the 
treaty  of  the  j'ear  one  thousand  eight  hundred  and  thirty-five,  over  and 
above  the  proportion  of  that  party,  a  like  sum  of  tein  thousand  three  hun- 
dred dollars.  That  when  afterwards  the  amount  ascertained  to  be  due  to 
the  western  Cherokees  or  old  settlers,  under  the  fourtli  article,  was  ajipro- 
priated,  the  whole  amount  was  paid  to  and  distributed  among  tliem  per 
capita,  and  no  part  of  the  sum  so  advanced  for  them,  out  of  the  other  and 
previous  appropriations,  was  reserved,  nor  has  any  part,  thereof  whatever 
hitherto  been  re-imbur.sed  to  those  entitled  to  receive  the  sume,  by  the 
western  Cherokees,  or  by  the  United  States,  or  otherwise  howsoever. 

Therefore,  it  is  further  hereby  agreed' that  the   Confederate   States  will    Pjij-mcntsngroed 

pay,  ui)on  the  ratification  of  this  treaty,  to  the  Cherokee  Nation,  the  sum  ^  J^*'  tnHde  by  the 
'  . •        '  ,  ,  ,,  ,         1      1    1    II  J       -n     I  •    .  1     1         C.  b.  to  be  distribu- 

ot  ten  thousand  three  hundred  dollars;  and  will  a'so  appropriate  and  place  ,p,|    amonj,'    the 

in  the  liaiids  of  the  agent  for  the  Cherokees  tlie  fnrtlier  sum  of  ten  thou-tlnimams  of  this 

sand  three  hundred  dollars,  to  be  distributed  among  the  claimants  of  the*'"**^^  pa'ty* 

treaty  party,  provided  for  by  the  sixth    article  of  tlie  said   treaty,  or  tlielr 

legal  representatives  under  the  laws  of  the  nation,  in   such   ]>roportions  as 

it  shall  be  certified  to  him  by  Stand  Watie,  the  only  surviving  member  of 

the  couimittee  of  five,  appointed  under  that  article   to  audit  such   claims, 

that  it  ought,  in  accoidance  with  the  allowances  made  by  tlie  committee, 

to  be  (listributed  among  them. 

And  it  was  agreed  by  the  said  eighth  article  of  the  said  treaty  of  the     Payment  for 
year  one   thousand   eight   hundred    and    i'orty-six,  that  of  the   sum   of  arms  t;.kin    from 
tweuty-seyen  thousauddollars,  provided  thereby  to  be  paid  to  the  Chero-  *''^°  Cherokeca. 
"kee  Nation,  the  sum  of  five  thousand  dollars  should  be  equally  divided 
among  all   those  whose  arms  were  taken   from  them  previous  to  their 
removal  west,  by  order  of  an  ofiicer  of  the   Ignited   States,  and  of  that 
sum  of  five  thousand  dollars,  three  thousand  three  hundred  dollars  was 
applied  to  the  payment  in  part  of  the  proportion  of  the  money  borrowed 
as  aforesaid,  due  by  the  Western  Cherokees  or  Old  Settler  party  ;  and  as 
the  auth(u-ities  of  the  nation   declined   to   receive   the   residue  of  said 
sum  of  five  thousand  dollars,  it  being  but  one  thousand  seven  hundred 
dollars,  and  that  residue  never  was  paid  by  the  United  States,  and  still 
remains  due  by  them, — 

Therefore,  it  is  hereby  further  agreed,  that  the  Confederate  States  will 
also  pay,  upon  the  ratification  of  this  treaty,  to  the  treasurer  of  the 
('herokee  Nation,  the  further  sum  ot  one  thousand  seven  hundred  dol- 
lars; making,  with  the  said  sum  of  ten  thousand  three  hundred  dollars, 
the  sum  of  twelve  thousar.d  dollars;  and  that  out  of  the  sume,  the  sum 
of  five  thousand  dollars  shall,  by  the  authorities  of  the  nation,  be  dis- 
tributed among  those  persons,  and  their  legal  representatives,  whose 
arms  were  taken  from  them  as  aforesaid  :  and  that  any  part  of  that  sum 
finally  remaining  undistributed,  together  with  the  residue  of  seven 
thousand  dollars,  shall  be  used  and  ajiprojiriated  in  such  aianner  as  the 
national  council  shall  direct. 

AllTiri':  h.  It  is  hereby  further  agreed  that  all  claims  and  demands  Th«  C.  P.  to  aa- 
against  the  Government  of  the  United  States  in  favor  of  the  Cherokee  ^"'"*  •''''^''•^'^^'''' 
Nation  or  any  part  thereof,  or  of  any  individuals  thereof,  and  which  "j','^"Jf ''J!^,','pg*^*f 
have  not  been  satisfied,  released  or  relinquished,  arising  or  accruing  all  c'siims  nnd'de 
under  former  treaties,  shall  be  investigated  upon  the  restoration  of  peace,  "'•""^^  <>f  the  Che- 
and  be  paid  by  the  Cimfcdcrate  i^tates,  which  do  hereby  take  the  place  |/  "**  "gainst  t  ■• 
of  the  Unitcil  States  and  assume  their  obligations  in  that  regard. 

Airrici.K  LT.   It  is  further  agreed  between  the   parties   that  all  provi-     Certnin    provis- 
sions  of  the  treaties  of  the  Cherokee  Nation  with  the   United   States, '""^  "'"  ^'"""*"** 


410  TREATY  WITH  THE  CHEROKEES 

of  the  Chorok  ee  whicli  secure  Or  guarantee  to  the  Cherokee  Nation  or  individuals  thereof 

Nation  with  the  U.  .^^^^  rights  or  privileges  vrhatever,  and  the  place  whereof  is  not  supplied 

foTCb.  by,  and  which  arc  not  contrary  to  the  provisions  of  this  treaty,  and  so 

far  as  the  same  are  not  obsolete  or   unnecessary,  or  repealed,  annulled. 

changed  or  modiSed  by  subsequent  treaties  or  laws,  or  by  this  treaty,  are 

and  shall  be  continued  in  force,  as  if  made  with  the  Confederate  States. 

Oneyoatb, ana-      Akticle  Lil.   In  further  evidence  of  the  desire  of  the   Confederate 

tive  of  the  cbero-  gtates  to  advance  the  individual  interests  of  the  Cherokee  people,  it  is 

be^se'let-'teT'anmi-  further  agreed,  that  the  delegate  in  Congress  from  the  Cherokee  Nation 

ally,  to  be  eiluca- may,  with  the  :ipprobation  of  the  President,  annually  select  one  youth. 

tedat  any  military  a  native  of  the  nation,  who  shall  be  appointed    to  be   educated   at  any 

^^Ex'tcnsiutf  of  the  lii'-lit'^'T  schaol  that  may  be  established  bj'  the  Confederate  States,  upon 

privil'i^e  to  the  the  same  terms  as  other  cadets  may  be  appointed.    And  the  Confederate 

Ch  0  c  t  ii  w  and  States  also  agree  that  the  same  privileore  shall  be  exercised  by  the  de\e- 

Creek'^TnY  sli!\"  S****^  ^''^"^  <^he    Ohoctaw  and   Chicka^iw   Nations,  and    the    Creek  and 

nole  nations.  Scininole  Nations,  respectively. 

Gener.il amnestic     ARTICLE  LIII.   A  general  amnesty  of  all   past  offences  against  the 
decl  .red.  Iav7s  of  the  United  States,  and  of  the  ( jonicderate  States,  committed  in  thc 

Indian  country  before  the  signing  of  this  treaty,  by  any  member  of  the 
Cherokee  Nation,  as  such  membership  is  defined  by  this  treaty,  is  hereby 
declared;  and  all  such  persons,  if  any,  whether  convicted  or  not.  impri- 
soned or  at  large,  charged  with  any  such  offence,  shall  receive  from  the 
President  full  and  free  pardon,  and  be  discharged. 
Whenithis  treaty  ARTICLE  LIV.  A  general  amnesty  is  hereby  declared  in  the  Cherokee 
to  take  effect.  Nation;  and  all  offences  and  crimes  committed  by  a  member  or  members 
of  the  Cherokee  Nation  against  the  Nation,  or  against  an  individual  or 
individuals,  are  hereby  pardoned  ;  and  this  pardon  and  amnesty  shall 
extend  as  well  to  members  of  the  nation  now  beyond  its  limits,  as  to 
those  now  resident  therein. 

Article  LV.  This  treaty  shall  take  effect  and  be  obligatory  upon  the 
contracting  parties,  from  the  seventh  day  of  October,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-one,  whenever  it  shall  bo 
ratified  by  the  CTcneral  Council  of  the  Cherokee  Nation,  and  by  the 
provisional  President  and  Congress,  or  the  President  and  Senate  of  the 
Confederate  States  ;  and  no  amendment  shall  be  made  thereto  by  either, 
but  it  shall  be  wholly  ratified  or  wholly  rejected. 

In  jjerpi'Anal  festimon^//  ichrrei:/,  the  said  Albeit  Pike,  as  Comiriissioner, 

with  plenary  powers,  on  the  part  of  the  Confederate  States, 

dotli  now  hereunto  set  his  hand  and  atlix  the  se.al  of  his  arms; 

y'  )       and  tlie  said  Principal  and  a'^sistant  Prin<',ipal  Chiefs.  Exec- 

j     '^  '^'  '•    c       utive  Coun<;illors  and  Special  Coiumissioners,  on  the  part  of 

^'^^'     ^         the  Cherokee  Nation,  do  hereunto  set  their  hands  and  aflix 

their  seals. 
Thus  done  and  intendianged  in  duplicate,  at  the  place,  in  the  year  and 
on  the  d.<iy  in  the  beginning  hereof  mentioned. 

ALP.Kirr  J  IKE, 
Commissioner  of  the  Confederate   States   to   the  Indian   N'atio7is  tvest  of 
Arkansas. 


J  NO.  ROSS,  WILL.  P.  ROSS, 

Pii:ivipid  Chief.  Executive  Councillor, 

J.  VANN,  LEWIS  ROSS. 

AnKi-'tfint  Chief.  Coinniitixioiier  C   iV. 

JAMES  P>ROWN,  THOMAS  PEGG, 

ExevKtiiJc   Councillor.  Comnn'Huioiirr  C.  N- 

JOHN  L»REW,  RICHARD  FIELDS, 

Executive  Councillor,  Commi»Bioner  C.  N. 


TREATY  WITH  THE  CHEROKEES.  411 

Signed,  sealed  and  delivered  in  presence  of  us. 

WM.  QUESENBUliV, 

Secretnry  to  the  Coiiiniisiioner. 

E.  RECTOR, 

Stipen'nl'iifie»(  Iiulinn  Affnirg  Oonfede- 
riitc  Sin  tea. 

w.  warrf:n  jr)iiNS0N,     ^ 

GEO.  M.  MURREI.I., 


RATIFICATION.  Dec.  1 1 , 1 86 1 . 

i2fso/(i«/,  (Iwo-tliirds  of  the  Conjjreps  concurrinf;,)  Tli;it  the  Conirres?  Patification  by 
of  the  Confederate  States  of  America  do  advise  and  consent  to  the  rati fi- Congress, 
cation  of  tlie  articles  of  a  treaty  made  by  Albert.  Pike,  Commissioner  of 
Confederate  States  to  the  Indi;in  Nations  west  of  Arkansas,  in  behalf  of 
the  Confederate  States,  of  the  one  part,  and  the  Cherokee  Nation  of  In- 
dians, bv  its  l^rincipal  and  Assistant  Principal  Chiefs,  Executive  Coun- 
cillors and  Commissioners,  for  that  purpose  only,  authorized  and  empow- 
ered, of  the  other  part,  concluded  at  Tahlequah,  in  the  Cherokee  Nation, 
on  the  seventh  day  of  October,  in  the  year  of  our  Lord,  one  thousand 
eight  hundred  and  sixty-one,  with  the  following 

AMExVDMENTS  :  Amendments. 

I.  Add  at  the  end  of  article  xx.w.  the  following  words:  "  And  the  Con- 
federate Slates  will  request  the  several  States  of  the  Confederacy  to  adopt 
and  enact  the  provisions  of  this  article,  in  respect  to  suits  and  proceedings 
in  their  respective  courts." 

II.  Strike  out  from  article  xliv.  the  following  words  :  "The  same  rights 
and  privileges  as  may  be  enjoyed  by  delegates  fiom  any  Territories  of  the 
Confederate  States  to  the  said  House  of  Re))resentatives,"  and  insert  in  lieu 
thereof  the  following  words:  "A  seat  in  tlie  hall  of  the  House  of  Repre- 
sentatives, to  propose  and  introduce  measures  for  tlie  benefit  of  the  said 
nation,  and  to  be  heard  in  regard  thereto,  and  on  other  questions  in 
which  the  nation  is  jiarticularly  interested  ;  with  such  other  rights  and 
privileges  ns  may  be  determined  by  the  House  of  Represenativos. 

III.  Strike  out  from  article  xxxiii.  the  following  words;  "  or  of  a  State,'* 
and  insert  in  lieu  theieof  the  following  words:  "or  of  a  State,  subject  to 
the  laws  of  the  State." 

Note. — Tbe  foregoiug  amccdmcnts  were  eubpcqurntly  conc«rre<l  in  »nd  adopted  bj 
the  Cherokee  Nation. 


INDEX 


TO    THE 


FOREGOING    PUBLIC    LAWS    AND    RESOLUTIONS 


OF    ntK   CONFEDERATE   STATES 


Accniuts.     Spc  Claims. 

supervisory  power  given  the  Attorney  Gen- 
eral over  the  accounts  of  officers  of  tho 
CMUrts 33 

auditinji  of  aucouuts  in  the  Post-Office  De- 
partment,  113-114 

for  the  War  Department, 66 

duties  of  !iu(iitor,  compiroilcr  ami  register, 
respectively,  in  respect  to  public  accounts,     31 

payment  of,  or  work  doneand  furniture  for 
the  executive  office  and  buildings 164 

against  Congress,  to  be  pa'd  out  of  the  con- 
tingent fund, 165,  215 

of  receiver-i  under  sequesiration  act, sec  Se- 
qucntiatiitii    and, 2ft4-205 

of  acting  commissaries  and  quartern! asters 
of    indiau    troops  :     lio«-     s  ttled     and 

paid, '. 238-239 

Action, 

when  several  actions  are  hroun;ht  against 
persons  who  might  be  legally  joined  in 
one,  plaintift"  not  to  recover  costs  of  more 

than  one  action, 77 

Adjutant  avil  hmpcctor  OeucraVs  Department, 

organized, 38 

ofiieers  in;  their  rank „38-39,  lil   02 

not  to  assume  command  of  troops, 39 

reorgaiozed, 61 

brigadier  general  added  and  may  bo  assign- 
ed t)  duty  of  adjutant  and  inspector  gen- 
eral  ". 62 

clerks  in;  their  salaries 52,  194 

Adjutants. 

when  snbiilternii  of  (he  line,  may  be  assign- 
ed to  the  duties  of  adjutunt, 126 

appointment  of  aifjntants  of  ro;;iiupnt8  a'nd 

legion.s  of  the  gr.ido  of  subaltern, 209 

rank,  pay  and  allovfances, 209 

A4'niraU}i, 

judicial  power  of  the  Confederate  States  ex- 
tends to  all  cases  of, 6,  19 

oourt  of,  at  Key  Wei^t,  Florida, 60 


Admiralty,  (continued.) 

jurisdiction 60 

judge,  and  his  salary 60 

■where  to  reside, 60 

terms  of  court 60 

extra  ses.sion 60 

marshal  and  clerk, 60 

their  foes, 60 

residence  of  clerk;  his  duties, 60 

marshal  to  atteid  court.     Blay  appoint 

deputies 61 

appeals  and  writ  of  error, 61 

judge  to  appoint  an  attorney 61 

his  dutiis  and  compensation, 61 

may  grant  licenses  to  wrecker ;, 61 

when  the  court  to  conform  to  the  practice 

of  district  courts 61 

may  make  rules  of  practice, 61 

writsaud  process, 61 

ori_'inal  cognizance  given  district  courts  of 
al!  civil  causes  of  admiralty   and  niara- 

time  jurisdiction, 82 

district  courts  as  courts  of  admirallj'  always 

open  fur  the  purpose  of  tiling  libels,  <fec.,  83 
laws  of  the  United  States  and  rules  of  court 

in  admiralty  cases  to  have  lull  force, 82 

fees  of  clerks,  marshals  and  district  attor- 
neys in  admiralty  cases, 19i 

Advancctnents, 

to  South  Carolina,  280 

to  Missouri,  254,  268 

to  complete  tho  railroad  connection  between 
Selma,  Alabama,  and  Meridian,  Missis- 
sippi,    27* 

payment  to    bo   made  to  tho   bunks  of  ad- 
vances made  by  them  to  the  Government,     22.*! 
Agents, 

special  agents  to  organize  custom-houses 
on  tho  Irontiers,  and   to  examine   books, 

accounts,  &c 8,** 

compensation, 88 

appointment   of,   to   supervise   telegraphic 

coiumuniuationo 106,  107 

instructions  to, , 106 


INDEX. 


175 


175 

175 


Aai-yiiit,  (continued. ) 

compensatiou  of,  to  bo  paid  oat  of  the 

tr'amr,-, 107 

Agreemerit.K, 

provision  in  Constiintion  as  to  States  enter- 
ing into  compacts, 4^;  17 

Aids  de-carnp, 

of  bri^jadier  geuerul 48 

their  pay, 49 

tif  general;  how  sc!ectefJ, 45 

for  fro.-=ident'3  personal  staff, 188 

Alabama, 

aripropriition  made  by  the  State  of,  accepted 

*hy  Congr.s-- 90 

Alabama  and  FLorida  Railrcad  C<»npani/, 

appropriation    to,   being    dilTercnce  in  duty 

on  railroad  iron, Ib8-189 

Alien  Anemic;, 

who  liable  to  be  apprehended  and  removed 

as  alien  enemies* 174 

vfho  not  to  be  takf^n  as  alien  enemies, ...2(51-262 
President   to   provide   for   the   removal  of 
those  who  fail  to  depart,  and  to  establish 

rale?,  &is., 

by  proclamation,  to  require  ciii/.jns.of 
the  United  -'tates  wi.ain  thoOonied- 
orate  St:it;;s    to    dep  irc  within  forty 

days, 

on  failaie    io  d.;part,   treated   as  alien 

enemies, 

time  aliowei;  aliens  resideni  within  ihe 

Conrederatc  States, 175 

duty  of  the  Confed  rate  and  State  courts, 
judges,  (fee.,  on  coinplai'its  against  aliens 
and  alien -enemier!  remaining  in  the.  Cou- 

fedcr.ite  States, 175 

apprehension  -U'l  examination 175 

order   of    remnval.        IIuw    otherwise 

dt-alt  wi  h 175 

iiiarsh:il,  by  biais..dt  or  deputy,  or  other 
dis.'rwei,  pc'Son  to  execute  the  order,.. 

w  irrant  for  such  execution, 

as  to  the  cquestration  of  the  estates,  prop- 
nrty    and    elfeots    of,    see    Sequestration, 

and '2;i  1-206,  200-266 

taxes   ^n  pioperty  of,  «ee  'I\ixis,  and 2?7 

when  propel' y  of,  may    bo  decreed    to  their 

next  of  kin, \ 262 

Alienn, 

printing  or  publishing  of  works  of,  allowed,  160 
nrivilegcs  ot  the  a''t  relating  to  copy-rights 
extended  to  f  jreigners.  on  certain  cudi- 

tions 161 

hc.HsudorK,  etc.. 

power  to  nominate  and  appoint, IS 

President's  duly  to  re«*eive, I'J 

judicinl   power   of    the  Confederate  Slates 

cxtenils  to  eases  aff<rcti:'g  them, 19 

in  .^uf.h  ease.-'.  suj)reme  court  has  original 
jurisdictioi: 20 

Amf)idme:U, 

of  CimstituiioD  of  the  Confederate  States, 
how  to  bL'  made 21 

Appeal,  Writ  of  Error  and  Supersedeas, 

appeal  allowed  from  decision  of  superinten- 
dent of  public   printing 41 

.".jipeals  and  writs  of  error  allowed  from 
court  of  admiralty,  at  Key  West,  Florida, 
to  the  supreme  court, 61 

v»hen  writ  of  error  lo  operate  as  a  superse- 
deas and  stay  of  execution, 80,  82 

writ  of  error  or  appeal  to  the  Kiipreme  court 
allowed  the  aocuicd  in  erimiaaS  cases, 82 


175 
175 


,•! 


Appeal,  Writ  of  Error  and  Snprr$edeas,  (can.)    , 
to  operate  as  a  stay  to  the  execution  of 

the  sentence  or  judgment 32 

writ  of  err  r  to  the  supremo  court  'n  civil 

causes, 82 

when  to  be  brought, 82 

bond  and  security  to  prosecute  suit  with 

eSect 82 

in  what  cases  appeals  allowed  to  the  su- 
preme court. 83 

transcript  of  proceedings, 83 

no  new  evidence  to  be  received, 83 

appeals  subject  to  the  rules  proscribea 

in  cases  of  writs  of  error, P3 

under  what  rules  appeals  or  writs  of  (.-rror, 
in  any  case,  may  be  t.iken  to  the  supreme 
court,  fr»m  e.xisting  judgments  or  de- 
crees,      83 

in  what  cases  writs  of  err<)r  allowd  from 
the  final  judgments  or  decrees  of  the 
highest   courts  of  ihe   States   to   the  ^u- 

preme  court, 84 

under  what  r-  gulatious  and  with  what 

eti'ei-t, !^ 84 

assignment  of  errors, , 84 

appeal  or  writ  of  error  allowed  I'roai  judg- 
ments, Ac,  of  any  State  court   rendsied 

since  the  secession  oi  such  t)ta:e 84 

transfer  of  causes  pending  in  the  supremo 
court  of  the  United  States  upon  ai>[)eiil  or 
w  it  of  error,  to  the  suprcnae  oou-l  of  the 

Confederate  States, ,  85 

bond  given  for  appeal,  &c.,   to   romaia 

in  force, 85 

writs  of  error  ')r  appeal  lie  to  thu  supremy 

court  from  ju.lgiaents  remlered  in   cau'cs 

pending  in  the  courts  of  (he  Uniceil  States 

at  the  lime  of  the  secession  o*'  the  States,  86-S7 

appeal  to  the  Attorney  G'ineral  from  de  usion 

of  Commissioner  of  Patents, 138 

proceedings  on  appeal,  138 

no  appeal  allowed  from  decisiuu  of  ex- 
aminer of  patents 145 

from  juilgments  and  decrees  of  the  district 
court  in    actions,  Sec,    under   the  patont 

laws  to  the  supreme  court, 141,  I4i5 

transfer  of  appeal  or  writ  of  error  from  dis- 
trict court  to  the  supreme  court,  v.  a';rt3 
t>ie  judge  of  the  distrit^t  court  rendered 

the  dei'isiiin  app -aied  from, 156 

furiher  time  all.<wed  part'os  to  ai  peal  or  sue 
out  writ  of  error  hwia  jud^niouts.  &c.,  of 
the  late   district  or  circuit  courts  of  tho 

United  States 15G 

either  party  to  uppenis,  Ac.  in  the  supiome 
court  of  the  United  States  may  file  'ran- 
script  of  the  nx'ord,  Ac  ,  in  (ha  euprtrne   ■ 

court  of  the  (/Onfedcratu  Stales 150-157 

writ,  of  error  or  appeal  in   copy-right  eases 

to  the  supreme  '^ourt, 15P 

writs  <d'  error  and  appeal  from  district 
court  before  organization  of  the  auprome 

court,    when    return«ble, 168 

by    whom  and  how  issued 168 

appeals  from    fin;il    decisions  of  tho   courts 

under  the  sequestration  act 206 

writs  of  error,  <tc.,  a'lowed  from  dccisioni! 
of  d'strict  courts  to  the  supremo  ouri  i,|a 

Arizona  Territory, .'.  ?15 

and  from  decisions  of  the  supreme  Court 
of  the  Territory  to  the  suproiua  court 

of  the  Confederate  States 245 

provision    resiiccting    cases    involving 
title  to  slaves  and  personal  freedom,  245 


INDEX. 


ni 


Aypeal,   Writ  of  Error  and  Supersedeas,  (cod.) 
hills   ol'  exceptl'iDS,  Avrits  of  error  and  ap- 
peals   allowed   from    the  decisiotis  of  tbo  i 
disirict  courts  in  ludian  Territories  totbe  ^ 
supreme      court     of     the       Confederate  ;, 

Stales^, 274-276; 

writs  of  error  lie  to  the  ^upreIue  court  ) 

fiom  the   decisions   of    said   district  ' 

coutts  in  criminal  coses 275^ 

when    writ   of    error    to  operate    as    a  ; 

."iiporsedeas, 275  ( 

Appo»\lmf»ts  / 

cointuis.-ioiied   off  cera  of  ibe  navy  may  be  > 

appointed  during  recess  of  Congress 7-1 


of  i;teri>ir  officers  to  ho  made  by  the  Presi 

dour. 75  ', 

of  all  -ifficers,  civil,  mililnry  and   naval,  to  '^ 

be  made  by  the  Pre.>-ideut  during  the  re- 
ces^s  of  Congress 89) 

to  the   rank  of  <;tneral   made  by   selection  ] 

from  the  anny 115  ', 

Pr»Nideiit  authorized   to   continue   appoint-  \ 

nients  by  him  in    the  military  and  naval  i 

service, 1 16,217  .' 

of  officers  of  the  navy  of  the  United  States         / 
to  the  same  rank  and  position  in  the  n«vy  '• 

of  the  Coufeilerale  Stales.* 121  / 

officers  of  certain  State  troops   turned  over  ) 

to  the  Confederate  States   to  be  :i,ppoint.-  '■ 

ed,  Ac.  as  heretofore, 223-324;'. 

of  additional  "llieerr^  in  the  n;ivy 229  \ 

when  appoinlmonts  to  terminate, 229  ^ 

of  certain  «ssi.-^taut  •ecrctaries  made  execu-  '.' 

live  appointment? 241^ 

of  officers  of  the  rcj^ular  navy  to  a   higher  ', 

grade  may  bo  made  withDUt  prejudice  to  \ 

their  position  under  oris'iu.'il  appointmwit,  242  'j 

of  persi.us   as   field   officers   or  capt.'uus  to  > 

raise  re^iuientc,  squadrons.  <fec 248; 

when  appointments  t«  ex»  ire 249; 

of  offic<.rs  (jf  artillery,   above   the  rank   of  ; 

captain,  in  the  provisioual  army  and  in  ; 

the  volunteer  corps 2-19 'i 

of  judges,  attorneys,  clerks  and   marshals  ^ 

of  district  courts  in  certain  ludian  terri-  ^ 

lories 272;! 

of  iiuartermastcrs  Rnd  cvimnisaaries  at  piT-  ', 

nianent  posts  and  depots 275  s 

Apport.i.oninait  of  Rrprcscntation  \ 

among  the  States, 11  J 

Approprialions,  ', 

lim  tatioo,  by  Constitution,  for  armies,. 14  ' 

under    the    Constitution,    no  money    to    tie  ■; 

drawn   from   the   trc»sury   unless  appro-  j 

printed  by  law 3,  15J 

for  in  Cfnal  improvements,  when  auihnrized  f 

uud»r  the  Constitution, 14.' 

for   support   of    three    ihou.^Hud    men     tor  ' 

three  months  to  be  called  into  service  at 
Cliarleston 58 

for  the  sup  ort  of  two  thousand  additional 
men  to  be  called  into  service  at  same 
place, 5S 

for  the  support  of  the  regular  army  of  the 
Confe<lcrale    States    for    tw.!lvo    months 

from  Ihi'oh  11th,  1S61, 68-59 

ScvTCtary  of  War  may  apply  any  part 
of  the  appropriation  ti>  the  support 
of  t»e  pr  .visional  t'i)roe.« CO 

i\)r  the  public  defrriic,  and  lor  tbo  pay,  mb- 
sislcnee  and  transportation  of  vuluntecr 
forces, t)l 

for  th'i  legislative,  oxecutivo  and  judicinl 
expenses  of  the  Govorument  for  the  year 
ending  Tobruary  4th,  1862,... 63-65  ' 


ApproprintionD,  (contimie d,) 

lor  the  custom-houses  at  New  Orleans  and 
Charlcswn,  and  for  fitting  up  rooms  for 
the  court  and  clerk's  office  at  Kew  Or- 
leans,        68 

for  the  navy,  for  the  year  ending  February 
4th,  1862, 69-70 

For  salary  of  auditor  of  (he  treasury, 87 

for  the  purchase  of  ordnance  and  ordianco 
stores 83 

for  the  Post-Oliiic  Department  for  the  year 
ending  ending  March  Ist,  l.'^G2 88 

to  supply  tleli-'itnces  in  the  revenue  of  the 
PostOffii'e  DepartHieat,  88 

for  the  scrvieo  of  the  bureau  of  Indian  Af- 
fairs      89 

acceptance  by  C<ingress  of  the  appropria- 
tion made  by  State  of  Alabama 90 

moneys  appropriated  for  a  jiarticular  branch 
of  expeniiiture  in  one  department  maj' 
be  apjiiicd  to  another  branch  in  same  de- 
partment,   Ill 

spei  ial  account  thereof  to   be  laid   be- 
foie  Cun^Tcss, Ill 

appropri.it i,j!!s  in  addiii-  n  to  those  already 
ma'c  for  the  military  service,  for  the 
fiscal  year  ending  February  18th,  18(i2,l2:i-12-l 

for  tie  l<«gislative  and  executive  expenses 
of  the  (loveriitncat  for  the  year  ending 
February  ISih.  1S62, 12.1-125 

for  certain  deficiencies  in  the  appropria- 
tions if  the  Post-Offico  Depa,-tment,  for 
the  year  ending  February  1,^'ih,  K'-C-, 12S 

to  meet  t'  e  i:j<id<n(al  exjienses  of  tl  c  pub- 
lie  service  within  the  Indi.an  trities,  for 
the  year  ending  February  ISth,  1862 127 

f.>r  the  library  of  the   Patent-Office, 14-1 

for  the  pay  of  additional  officers.  Ac.,  i.f 
the  marine  corps,  and  tor  the  additional 
elotliiug  snd  subsistence  of  the  noncom- 
missioned officers,  musicians  and  privates 
for  the  year  ending  February  ISth.  J8H2,.  150 

for  pay  of  officers  if  the  United  Stales  navy 
who  have  resigned  and  whom  it  is  pro- 
posed to  add  to  the  u»v?  of  the  Conledo- 
rate  States, IS," 

hpeeifie  appropria'ioiis  lor  ttie  navy  tor  the 
year  ending  February  18ih,  llS(i2, 165 

to  d-.'fray  the  expenses  of  removing  the  scat 
of  (J.tvcrnment  from  Moutgcfmery  to 
Richmond 161-162 

act  of  1861,  Maicti  15,  making  appropria- 
tions for  the  support  of  the  navv,  amend- 
ed  ■. 172 

for  the  pay  o(  officers  and  others  at  tho 
navy  yard  at  ^Norfolk 172 

to  aid  the  people  .lud  Stale  of  Missouri 173 

for  the  C'lnstructiou  of  a  machine  generally 
known  as '■' Winau's  Gun," 174 

for  the  services  of  physicians  eaiployed  in 
coujunetion  with  the  medical  •taff  of  the 
arm;, 186 

for  the  piy  of  nurses  and  cooks  ibr  the 
niili:.iry  servi-e 186 

for  the  public  defe  co  for  the  year  euding 
February  18th,  1862 187 

for  Miiliiarv  hos[ii'-ils  for  the  year  ending 
Febrniry  IHth,  1862 .". t   187 

for  the  President  of  the  Alabama  and  Flori- 
da railroad  'Oinpanj',  being  difference  in 
duty  on  r..ilro;id  iron, 188 

for  the  expenses  of  the  Government  in  tho 
legislative,  e.iecutive  and  judicial  depart- 
ments, for  tho  year  ending  February  ISth, 
1862, 190-191,  230-231 


IT 


INDEX. 


Appropria'iofis,  (continued,) 

to  carry  inio  effect  "  An  aet'to  anthorlze  the 
iesue  of  treasury  notes  and  to  provide  a 
■w;ir  tax  for    their   redemplion."    and   for 

other  purposes, 

add  tional  appropri  ttinns  for   the  navy  for 

the  year  ending  Ptliruary  18ih.  1S62, 

further  ap  ropnat  ons  to  supply  deficiviicies 
in  the  revenue  ef  the  Post  Office  D'part- 
ment  during  the  year  ending   February 

18ib,  1862,...„ 

for  tbc  Ciiustruction  of  additional  ijuuboats 
for  the  purchase  of  a  steamer  and  mi:itary 

Buppliu'S 

for  the  trant<uiission  of  funds  of  the  Con- 
federate States, 

for  pay  of  temporary  clerks  and  lnes^enger 
in    the    I'os    OtEce    Department,  lor    the 

year  cuiiiiig  Februar    iHth,  186J 

of  the  fund  rji  eived  into  the  treasury  fiom 

doiiatiotis  by  chuTchi-s 

tran.-for  of  certain  appropriation.*, 224, 

to  the  Chief  State  Tax   0  Hectors   to   i  ay 

salaries  uf  clork  ,  office  hire,  &c 225- 

to  In(li;in  triilies  under  treaty  siipulations,... 
$265, '.)27  25  of  the  amount  appropriated 

may  bo  paid  in  coin,  

Bppr'«priation    for   the   purchase    of    the 

con 

when  the  appropriate  ns  to  be  paid  over 

to  the  tribes,... 

additioHiil  ippropriarions  I'l  pay  the  >  x- 
pen  e  of  the   public  printing   up   to  Feb. 

]8:h,  18(52....... 

for  dilating  deieroea  of  the  western  livers... 
for  the  pay   of  the  navy   ou   and  off  duty, 

seau.cLi,  .tc,  to  April  Is',  I8f)2 

for  pay  of  b  ■uuty  and  traiibportation  under 
the  act   fi'T   the    re  enliHiuieni  of  twelve 

months  men 

for  expenses   und.r   ihe  a't   for  recruiting, 

pLisedDiC.  19ih,  1861, 

for  salary  of  Aa-istant  Secreiary  <  f  W.^r,   o 

April  1st,  186^ 

to  J  ay  for  i.rdiiance,  ordnau' e  .-tores  an  I 
en'-ipine  t-.  and  for  the   defences  of  the 

Missis.-ippi  river, 252- 

for  ru.Lting  i;ad  organizing  troops  in  Ken- 
tucky,   and    supplying    the    same    with 

cluthiug.  Ac, 

to  pr  vide  coin  for  the  Government 

to  pay  in  er<,->t  due  the  ban  a  at  Mem- 
phis,   257- 

to  Connect  the  Hiohmond  and  Danville  with 

the  Norih  (Jaruliiia  railroads...... 

to  jiay  the  interest  duo  the  Ch'ictaw  nation 

upon  st.ocUs  of  the  State  of  Virgiuin, 

for  the  expenses  of  the  Government  in  the 
legislative,  executive  and  judicial  depart- 
ments, from  February  18th  t"  April  1st, 

1862,  and  for  ofber  purposes 268- 

to  pay  the  .>tate  of  South  Carolina  on  .ac- 
count of  her  claims  against  the  Confede- 
rate States, , 

Arizonn    Terrilori/, 

temporary  government  for,  established 

bouudaries, , 

power  to  diviie  the  territory,  reserved...... 

institution  of  slavery  in  the  territory  to  re- 
ceive protec:  ion,. 

right  of  certain  Indians  not  t<j  be  impaired, 
the  executive  power  vested  in  a  Guvernor; 
his  tenure   of  office,   duties   and   emolu- 
ments,   

eeeretary;  his  powers  a^id  duties, 


Art 


191 
193^ 

191 ; 
195  ■; 

I 

196^ 

208; 

210^ 


239 
239 

240 

24!  I 
240 
240 

-253 

256 
257 

-258 

259 

260 

-270 
280 


242 

242;; 
242;; 

242'^ 
242  > 


242;. 
243' 


zona  Territory,  fcoBtinued,) 

when  secretary  to  act  as  Governor, 243 

legislative  p'lwer,  in  whom  vested, 243 

legislative  assembly  to  eon  ist  of  a  Council 
and  House  of  Representatives;  how  com- 
posed,    243 

apportionment  for  the  election  of  members 
of  Legislative  Council.  Basis  of  appor- 
tionment,    243 

aiciubers  of  the  Council  and  House  of  i>ep- 

rcseiiiaiives ;  whereto  reside, 243 

Governor  to  regulate  first  elect!  in  for  mem- 
bers   243 

time,  place  and  manner  of  holding  elec- 
tions   243 

ccrLificute  oi  election 243 

anoiher  tlectiun    ordered  where   there   is  a 

failure  to  elect,  or  to  fill  a  vacancy 243 

termc  of  sessions  limited 244 

proceedings  to  be  in  the  Knglish  language,.  244 

qualifications  of  voters, , 244 

no  pers'in  belonging  t.>  the  army  or  navy  to 
vote  in  the  territory,  not  being  a  citizen 

thereof, 241 

extent  ot  les^ishUive  pnw  r 244 

power  of  the  Council  and  IIou.<e  of  Repre- 
sentaiiv  s  and  the  G  ivernor  in  enacting 

laws,  and  proceedings    herein, 244 

Governor  not    to   exercise  veto    in    ce;tiiiu 

cases 244 

Congress  may  change  nr  annual  laws  i»as.-od 

by  the  Legislative  ^Assembly, 244 

maypiS-!    any  laws   for    the    people  of 

the  terri:ory 244 

sippointment  of  territorial  and   county  ()ffi- 

cers 244 

Governor  lo  lay  off  election  districts 244 

rc.-trictiou   on    members  oi  the  Legislature 

as  t't  appointments  to  office 244-246 

judicial  power;  in  what  couits  and  officers 

vested ^ 245 

supreme  couri  to  consist  of  a  chief  jll^r  ce 

and  two  asso  iates 245 

quorum, ^ 245 

m  y  appoint  its  clerks, 245 

term  of  ofliee  of  t  e  juilges, -45 

judicial  districts, 245 

distriet  courts 215 

justices  of  the  peace 245 

courts  possess  chancey  as  well  as  eonmiun 

law  jurisdiction ?45 

each  district  court  to  ;  ppoint  its  clerk, 245 

writs  o(  error,  &■•.,  a  luwed  from  decisions 

of  district  couriB  to  supreme  court 245 

provision  respecting  cases  involving  title  to 
sliives,  an.l  the  question  of  petsonal  iree- 

dom, 245 

extent  of  jurisdiction  of  district  courts, ....  245 

writs  of  habeas  corpus, 246 

days    approjiriat^id    ti/   the  trial  of  certain 

causes 246 

feos  of  clerk  of  district  court 24(5 

proceedings  of  ail  cours  to  b  ■  in  ihe  Eng- 
lish language,. 24& 

by  wbom  probate  judges  and  justices  of  the 

peace  to  lie  appointtd 24& 

appointment  of  aitorLey  for  the  Territory  ; 

his  foes  and  salary, 246 

u>arshal    to    bo    apji^inted;    his  dulies  and 

compensation, 246 

governor,  secretary,  chief  and  associate 
justice?,  attorney  and  marshal  to  be  ap- 
pointed by  the  President, 246 

each  to  take  official  o  .ths, ?46 

salaries;  to  be  paiti  quarterly, 24S 


INDEX. 


Arizona  Territory,  (continued.) 

compensation  of  members  of  the  Legislative 

Assembly, 246 

contincrcnt  expenses  of  the  Ttrrilory, 24C 

when  Legislative  Assembly  to  bold  its  ses- 

sioas, 247 

peat  of  Government, 247 

delegate  to  House  of  Representatives  of  the 

Confederate  States  to  be  cleeted, 247 

time  of  electing  the  delegate, 247 

,  his  mileage  and  pay, 247 

Governor  may  defiae  the  judicial  districts 
and  assign  the  judges  to  them;  and  ap- 
point the  times  and  places  of  holding  the 
courts,  subject  to  the  corUrol  of  the  Leg- 
islative Assembly, 247 

Constitution   and  laws  of  the  Confederate 

States  extended  over  the  Territory, 247 

provisions  of  this  act  suspended  till  the 
President  shall  issue  his  proclamation  and 

appoint  the  officers, 247 

Arkansas, 

admission  of,  into  the  Confederacy, 120 

to  constitute  two  judicial  districts, 152 

cession  of  certain  .arsenals  of, 154 

A  rmorers, 

enlistment  of  master  armorers  for  ordnance 

service;  their  pay, 50 

appointment  of  mastcf  armorers 188 

salary  and  allowances, 188 

A  rmorifis, 

superintendent  of,  to  be  appointed 1S8 

salary  and  allowances, IS8 

Arms, 

right  to  keep  and  bear,  not,  to  be  infringed,  3,  16 

contracts  authorized  for  the  purchase,  man- 
ufacture and  alteration  of, 2S 

President  to  receive  from  the  States  the 
arms,  etc.,  ac<juirod  from  the  United 
States '. 43 

acts  of  Congress  of  the  United  States  pro- 
hibiting the  purchase  of  arms  of  a  patent- 
ed invention,  &c.,  suspended  during  the 
war, 115-116 

advances  on  contracts  for  arms  or  munitions 
of  war, 173 

arms  of  voliinteers  to   be   kept   within  the 

control  of  the  President, 282 

Army.     See  Volunteers.     Officers. 

Congress  empowered   to  raise  and   support 

armies, « 3,  14 

its  power  to  make  rules  for  land  forces, 3,  15 

President  commander  in  chief  of  the  army,  5,  18 

organization  of  a  general  staff,.... 38,  61-62 

adjutant  and  inspector  general's  depart- 
ment.  -.SS,  61-62 

qirnrtermaster  general's  department,  39, 62, 1 15 
quartermasters  to  discharge  the  duties 

of  paymasters, 39 

commissary  general's  department, 39,  62 

assistant  quartermasters  and  commissaries 
subject  to  duty  in  both  departments,...     39 

medical  department, '. 39,  115 

officers  in  the  department  not  to  assume 

the  command  of  troops, _     39 

staflf  officers  to  be  appointed  by  the  Pres- 
ident,     39 

forces  of  the  States  tendered,  or  volunteers 
received  into  the  service  with  their  ofli- 
ccrs,  by  companies,  battalions  or  regi- 
ments,      43 

their  general  officers  appointed  by  the 
President, «, 44 

27 


Army,  (continued.) 

pay  and    allowances  of  the   forces   re- 
ceived      44 

snbject  to  array  rules, •. 44 

President  authorized  to  employ  the  militia, 
milii^ary  and  naval  forces,  and  to  ask  for 

and  accept  volnnteors, 4.S,  l7f> 

how  long  militia  to  serve 45 

what  the  volunteers  to  furnish, 45 

to  he  armed  by  the  States, 45 

snbject  to  rules  and  articles  of  war,....     45 

to  receive  money  in  lieu  of  clothing, 46 

accepted  in  companies,  squadrons,  bat- 
talions and  regi/ncnts, 45 

officers,  how  appointed, 4.') 

flaay  be  organized  into  companies,  bat- 
talions, Ac, '. 45 

appointment  of  officers  for  brigades  and 

diviiions, 46 

ffpjiortionment  of  stall'  and  general  offi- 
cers,  ^    45 

orj-anization  and  pay  of  the  militia  and 

volunteers ,.     45 

aMowance  for  the  use  and-  risk  of  horsts, 

and  for  horses  killed  in  action, 45-46 

when  volunteers  to  serve  on  foot, 40 

fielll  and  staff  officers  of  a  separate  bat- 
talion of  volunleors 4A 

additional   second    lieutenant   to   each 

company, 46 

number  of  privates  vaay  bo  limited,... .     40 
additional  officers,  and  w'lon  and  by  whom 
appointed,  for  the  qnirterm.aster's,  corn- 

missiir^'s  and  medical  departments, 4G 

establishment    and     organization    of     the 

army, 47,  114 

corps  of  engineers, 47,  T15 

company  of  sappers,  miners  and  pon- 

toniers;    officers 48 

duties  of  the  otlicers, 48 

duties   of    colonel    of    the   engineer 

corps, 48 

corps  of  artillery 48,  138 

regiments  of  infantry, ...43,  114 

regimwk  of  c.ivalry, , 48^  114 

brigadier   generals  and   their   aids-de- 
camp; their  duties, 48,  62 

term  of  enlistment  of  the  rank  and  file,     48 

examination  of  officers, 48 

how  vacancies  filled  in  established  regi- 
ments and  corps, 48 

promotions  to,  and   including   rank  of 

colonel;  how  made, «r.48-49 

brigndier  generals  to  be  selected  from 

the  army, •.     49 

appointment  of  subaltern  officers, 49 

pay  of  officers, 49 

additional  pay  of  commissioned  officers 
and   of  United    States   officers   who 

have  or  may  resign, 41.. 49- 50 

•   fbe   pay  of  officers    to   be  in  full  of  all 
allowances  except  forage,  fuel,  Ac.,..     6C 
allowance  of  forage,  fuel  and  quarters; 

how  fixed  and  furnished, 50 

may  bo  commuted, 50 

mileage  allowed  officers, 50 

forage  allowed  officers  of  the  army  in 

time  of  war, ."SO 

in  times  of  peace, 50 

no  enlisted   man  to   be  employed  as  a 

servant, 50 

pay  of  enlisted  men, 50 

enlistment    of    master    armorers    and 
others  for  ordnance   service;    their 
pay, 50 


VI 


INDEX. 


^rw?/,  (continued.) 

rations  of  enlisted  men,..  

clothing, 

rations  to  be  issued  in  kind;  commuta- 
tion value  fixed, 

officers  to  perform  all  military  duties  to 

which  they  may  be  assigned 

Secretary  of  War  to  prescribe  rules  for 

the  general  government  of  the  army, 

quartermasters   and     commissaries    to 

give  bond, 

not  to  be  concerned  in  certain  pur- 
chases or  sales, 

rules  and  articles  of  war  of  the  United 

States  declared  to  be  of  force, 

amendment  of, 

only  such   troops  as  are   needed  to  be 

called  into  the  service, 

one  brigadier   general  added   to    those 

heretofore  authorized, 

may  be  assigned  to  the  duty  of  ad- 
jutant and  inspector  general, 

commissions  to  officers  of  the  United 
States  army  who  have  resigned  and 
been  appointed  to  original  vacancies 
in  the  army  of  the  Confederatfl^Btates, 

to  bear  oue  and  the  same  date, 

oath  prescribed  for  officers,  non-com- 
missioned    officers,     musicians   and 

privates, 

increase  of  the  military  establisbmcnt, 

rank    of    "  general "   established  as    the 

highest  military  grade, 

on  what  general  officers  conferred, 

assignment   of  general   officers    to    com- 
mands.    Their  pay  and  allowances,.... 

aids-de-camp, 

appointments  to  the  rank  of  gener.al, 

increase  of  corps  of  engineers, 

increase  of  quartermaster   gerloral's    de- 
partment,  

increase  of  the  medical  department, 

xnilitary  storekeepers;    their  pay  and  al- 
lowances  djk. 

quartermaster  sergeant  and  ordnance  ser- 
geant added, 

hospital  stewards;  pay  and  allowances,.. 

State  cadets  to  be  attachtd  to  companies 

as    supernumerary    ofEcers,     with    the 

rank  of  cadet, 

monthly  pay, ^ 

competency  for  promotion, 

assignment  of  officers  to  staff  duty,..,.... 

bounties  to  enlisted  men, 

additional  company  of  sappers  and  bom- 

badiers, , 

vehicles,  arins,  pontoons,  &c.,  for  the 

service  of  said  compsuoy, 

monthly  pay  of  the  officers  and  pri- 
vates,  

allowances  to  the  commissioned  offi- 
cers, and  forifge, 

rations  and   allowances   of  enlisted 


50  ; 

51  I 
51  ' 

51 ; 

51  i 

51  J 

I 

51  / 

51  / 

51  I 

62  ') 

I 

62  \ 


62  I 


115 


men,. 


when  subaltern  of  the  line  may  be  assigned 
to  the  duties  of  adjutant, 

certain  battalions  of  volunteers  allowed  two 
lield  officers, 

assistant  adjutants  general  may  be  appoint- 
ed for  volunteer  forces, 

commissions  to  ofScers  to  raise  and  com- 
mand volunteer  regiments,  &c.,  of  per- 
sons from  Kentucky,  Missouri,  Maryland 
or  Delaware, 


170  > 


174  ( 


Army,  (continued.) 

President  authorized  to  employ  the  militia, 
military  and  naval  forces,  and  to  ask  for 

and  accept  volunteers, 176 

to  be  organized  under  the  act  of  March 

6,  1861, 176 

pay  and  allowances  and  time  of  service,  176 
volunteer   troops  in    the    State  of  Missouri 
may  be  received    and   mustered  into  the 
service  in  companies,  Ac,  with  their  offi- 
cers,  ,  ,..". 181 

may  be  attached  to  brigades   or  divis- 
ions,      184: 

appointment  wf  field  officers, 184 

organization    of    battalions   into  regi- 
ments,   184 

vacancies  amongst  cojpmissioned   offi- 
cers ;  how  filled, 184 

volunteers  for  local  defence  and  special  ser- 
vice.    ^QQ  Local  Defence,  fua.A, 186 

dmrease  of  the  corps  of  artillery, 188 

appointment  of  superintendents  of  armo- 
ries and  master  armorers, 188 

aids-de-camp  for  President's  personal  staff,  188 
additional  sergeant  allowed  each  company,  188 

clothing  for  the  army, 196 

civilians  may  be  appoint^  as  staff  offi- 
cers,  171,  209 

appointments  of  adjutants  of  regiments  and 

legions  of  the  grade  of  subaltern, 209 

reception  and  forwarding  of  private  contii- 

butious  for  the  army, 209 

officers   to    affix   signature  of  President  to 

commissions  in  the  army, 222 

chief  bugler  or   principal  musician  to  each 

regiment, .• 222 

re-organization  of  troops  re- volunteering  or 
re-enlisting   at   the   expiration    of    their 

present  term  of  service, 22.5 

vacancies  filled  by  promotion, 223 

vacancies  in  the  lowest  grade  of  com- 
missioned officers,  filled  by  election,.  223 . 
officers  of  certain    State  troops   turned 
over  to  the  Confederate    States,    ap- 
pointed, &c.,  as  heretofore, 223-224 

rank  and  pay  of  certain  officers  who  com- 
menced   service    before    receiving    their 

commissions, .'... 225 

recruiting  and  enlisting  men  for  companies 

reduced  by  death  and  discharges, 226 

company  commisssioned    officers  to  be 

detailed  for  this  duty, 226 

appoiiJtment  of  officers  of  engineers.  Num- 
ber, rank  and  pay, 237-238 

temporary  rank  and  command  on  officers  of 
the  army  on  duty  in  the  several  bureaus 
of  the  adjutant  and  inspector  general, 
chief  of  engineers  and  chief  of  ordnance,  238 
enlistment  of  men  for  tempori^y  and  spe- 
cial service  on  the  western  waters.  Offi- 
cers;  pay  and  allowances, 241 

appointmentof  major  general  and  brigadier 
general  to  the  command  of  troops  in  Mis- 
souri; pay;  staff,, 247 

to  be  assigned  "to  the   duty  of   raising, 

Ac,  the  foAjes  in  said  State, 248 

persons  may  be  appointed  and  commission- 
ed   as   field    officers  or   captains  to  raise 

regiments,  squadrms,  <fcc., 243 

when  appointments  to  exjrtre, 249 

officer  to  receive    an  appointment   pro- 
portioned to  the  force  he  recruits, 249 

when  enlistments  under  the  commission 
of  captains  nottibligatory, 249 


INDEX. 


Vll 


Army,  (continued.) 

appointmftnt  of  officers   of  artillery    abore  'i 

the   rank  of  captaia,  in    the   provisional  I 

army  and  in' the  volunteer  corps 249  / 

President  authorized  to  call  upon  the  seve-  ^ 

ral  States  for  troops  to  serve  three  years  ^ 

or  during  the  war, 252; 

numher  of  troops  from  each  State, 262  / 

eq  aliziug  of  the   troops    accdrding  to  ^ 

white  jiopulation, 252  J 

recruiting  of  companies  of  vulunteers,  now  i 

in  the  service  under  enlistment  for  twelve  j 

months, 254  ;^ 

companies   recruited    may   elect   iheir  ^ 

commissioned  officers, 254  '^ 

vacancies;  how  filled 254'" 

officers  and  privates  may  bo  detailed  to  '< 

recruit   for  coiupaniesi.     Entitled  to  'i 

transportation, 254/ 

pay  and  bounty  of  enlisted  recruits 254  i 

original  volunteers  may  re-enlist  in  the  > 

companies  to  bo  recruited, 254  5 

to  what  number  comjianies  may  bo  re-  ' 

cruited, 25i  ', 

when  the  recruited  men  of  one  compa-  ) 

ry    may  combine    with   the    recruits  < 

of    other  companies   so   as  to  form  5 

complete  coiupanies, .' 254 

when  recruits  may  be  assigned  toother 

companies 2j'J 

term  for  which  militia  called  into  the  ser- 
vice not  to  apply  to  men  drafted  by  the 
States,  and  furnished  to  the  President  on  ) 

his  requisition 255  / 

organization  of  Maryland  Line, 270  '/ 

rank  of  commissioned  officers  cntinucd  in  '/ 

service   by  re-election,  to   date   from  the  '> 

time  of  their  original  election  or  api)oiut-  ',• 

ment, 271  '/ 

details  of  persons  from  the  ranks  to    serve  ^, 

in  the  offices  of  quart(*Liasters  ijnd  com-  |I 

missarics  at  permanent  posts  and  depots,  275  ; 

act  of  January  22,  1S62,  providing  for  rais-  ' 

ing  and   organizing  additional   troops  in  '; 

Missouri,  repealed ' 277  ^ 

discharge  of  the  "Lumberton  Guards,"  2d  '/ 

regiment  N.  C.  volunteers. 279  ' 

Arrest,  \ 

members  of  Congress  privileged  from  2,  13  '( 

persons   under   arrest  or   process  from   the  > 

United  States,  continued  in  custody, 86  't 

Arsenals.  See  Forts,  Arsenals  and  Navy  Yards.  ^ 
provision  of  Constitution  as  to  places  tor,..  15  / 
acceptance   of    t'"e   cession   of  certain    ar-  \ 

senals  of  the  State  of  Arkansas, 154  ', 

Articles  of   War,  '  J 

established  by  the  laws  of  the  United  States,  < 

declared  to  be  of  force, 51  ', 

articles  sixty  one  and  sixty-two,  abrogated,     51  ] 

other  articled  substituted, 51  ' 

Artillery, 

corps  of;  of  whom  to  consist, 48  ' 

companies  of,  may  be  equipped  as  light  bat-  \ 

teries, 48  ; 

pay  of  officers, 49  / 

companies  of  light  ariillory  may  be  receiv-  ! 

ed  into  the  service, 105 

increase  of  the  corps  of, 188 

appointmcul^of  oflicers    of  artillery    above  , 

the    rank  of  captain,  in    the   provisional  ^ 

army  and  in  the  volunteer  corps, 249  { 

Aseciycru,  / 

appointment  of,  at  Charlotte  and  Dahlonc-  ' 

ga, 192  ', 

bond, 192  ■ 


Assnyers,  (continued-) 

oath, 132 

duties, 192 

salarj', 192 

term  of  office, 192 

to  defrav  the  expenses  of  the  assaying 

establ'ishment, 192 

may  employ  workmea  and  inferior  offi- 
cers,  ! 192 

report  of  proceedings, 192 

subject  to  orders  ot  the  Secretary  of  the 

Treasury, 192 

appointment   of  assayer   at   Now    Orleans. 

Duty;  bond  and  oath, 2b'i 

to  have   charge  of    the   mint    editice, 

tiols,  Ac, 25.'i 

'<  to  defray  expenses  of  the  .assaying  es- 

'i  tabli^hment, 25;'. 

/  compensation, 25;) 

>  to  keep  in  good  order  the  buildings  and    " 

>  other  property, ■. ! 253 

5  term  of  office. 25;j 

)  may  employ  workmen  and  inferior  offi- 

'1  cers, «. 25;^ 

)  report  of  his  proceedings, 25,''. 

<  assayer.    his  subordinates,  Ac,  subject 

^  to   orders   of    the    Secretary    of  the 

■;  Treasury, 2h'A 

^  Assay  Offices, 

J  e^tablished  at  Charlottg  and  Dahlondga,....  192 

-;  established  at  New  Orleans, 253 

/  Atises.t7}ients, 

j  of  taxable  property ;    when,  and  by  whom 

■;  made, 176,  225 

^  appeals  from  assessments,  and  for  reduction 

/  of  double  tax IT.) 

>  list  of  assessments   and   of  the  amount  of 
/  tax  to  be  furnished  to  the  chief  collector 

'/  of  taxes, 173 

;!  when  list  of  real  estate  for  assessment  to  be 

;!  made  out, '. Ittl 

;  correction  of  errors  in  assessments, 182 

'          cash  oh  hand  or  on  deposit,  subject  to  assess- 
ment and  taxation, 225 

securities  for  money  to  be  assessed  according 

to  their  value, , 225 

extension  of  time  for  making  assessments,.  225 
Secretary  of  the   Trcasurj'  may   make  fur- 
ther extension, 225 

Assessors  of  Taxes.     Sea  Taxes.     ■ 

appointment, 178,  22r> 

duties, 178,  181 

compensation, l»l 

Assistants, 

Assistant  Attorney  General, 53 

Postmaster  General, , 52 

Secretary  of  State 42,  6.'J 

Secretary  of  the  Treasury, bO,  31,  53 

Treasurer, 57 

hecretary  of  War, , 222 

appointment  of  cert.iin  assistant  secretaries    • 

made  executive  appointments, 241 

Attainder, 

no  bill  of,  to  be  passed 3,  15 

Attorney  Genernl, 

office  of,  created, 33 

his  salary, ,T 33 

may  appoint  a  clerk, .'....     33 

general  duties  of, 33 

supervisory  power  over  accounts  of  mar- 
shals, clerks  and  officers  of  the  courts, 
and  of  all  claims  against  thc-Confederate 

States, 33 

m.ay  increase  clerical  force  in  bis  depart- 
ment,      53 


INDEX. 


Attorney  General,  (continued  )  i 

niav  employ  laborers,  and   appoint  a  mes-  ; 

r.o  , 

fcenj^er, ■J>J  , 

apriciil  to,  from  decision  cf  Commissioner  of         : 

Patents, liJS; 

proceedings  on  appeal, 138  j; 

Lis  duties  in  relation  to  the  publication  of         ' 
[he  laws  and  resolutions  of  Cocgress,  and  \ 

treaties, 172,  277  j 

to  appoint  law  clerk  in  Depaitajcnt  of  Jus-  < 

:ice, 173  , 

claims  for  money  against  the   Confederate  ', 

States,  and  of  citizens  of  the  Confederate  ', 

States  apraiust  the  United  States,  to  be 
iledit  his  office,- 199/ 


Auditors  of  the  Treasury,  (continued.) 

may  send  communications,  relating  to 
post-oflBee  bueiuess,  free  of  charge,...  114 
appointment   of    clerk    to    sign    Auditor's 

name,  so  as  to  frank  mail  matter, 252 

Second  Auditor. 

appointment, 06 

duties, 66 

salary, "6 

clerks;  their  salaries, 151,  259 


B. 


proof  of  Siieh  claims, 199' 

report  thereon  by  Attorney  General  to  ^Jiail,  .      ,    .,  ,  .     ,  .    „ 

Coneress  199^         excessive  bail  not  to  be  required, 4,  16 

to  represent  the  interest  of  the  Government  '.  -D«i'  Bonds, 

:n  all  cases  arisfng  under  the  sequestra-  '  given  to  answer  any  charge  under  process 

*ion  act 205-20G  from    the    United    States    Cous,ts,   to   bi; 


to    prescribe   uniform   rules  of  proceeding 


under  the  said  act 2W^  >  Bakeries, 


obligatory, 36 


Assistant  Attorney  General  to  be  appointed 
His  salary, '. , 

Atic-neyi.     .See  Attorney  General.     District 
xittorneys. 

for  the   court  of  admiralty    at   Key  West, 

Firfrjda, *. 61,66^ 

foes    of     attorneys     of    the     Confederate  J 


to  be  established, 214 

^3  ■  Bankruptcy, 

J  Congress  may  establish  uniform  laws  on  the 

subject  of, 2,  14 

<  Banks, 

payment  to,  cf  advances  made  by  them  to 

the  Government, i 22r> 

appropriation  to  pay  interest  due  the  banks 


at  Memphis, 257 


States C7-GS;81  J 

^•>-jKiin'.ment  of  an  attorney  in  each  section  '■  „  ,    ^  ,  ^    „, 

"  -n  which  a  district  court  is  held,  and  in  Beauregard,   General  G.  7. 

'.vbich   no  attorliey   of    the    Confederate  ';  thanks  of  Congress  to, 163,212 

ctates  resides, 2%Z<.Billof  Attainder, 

hie;  duties, 263  j;  not  to  be  passed  by  Congress, 3,  15 

coffiponsation .,  263  .  Bills, 

claims  of  attorneys  of  alien  enemies  for  fees  /         for  raising  revenue  to  originate  in  the  Ilouse 

or   commissions    on    the   funds   in    their  <  of  Representative*, 13 

uandf 265  ,;  when  a  bill  becofljes  a  law, 2,  13 

tj  give  information  to  receivers  of  property  '  veto  by  President, 2, 13 

under    their   control,   of    alien   enemies,  '<  Bills  of  Execeptions, 

and  render  an  account  thereof 201 ,  ^^(^^^^  ^^^  ^^^  Supreme   Court  from  deci- 

Jv.ditors  of  the  Treasury.  '^  sions  of  district  courts  in  certain  Indian 

Firat  Auditor.  'i  territories, 274:-27.'> 

appointment, 30  \  Bonds, 


salaries, 30,  63  \ 

duties, 31  J 

nay  administer  oaths, 31  ;! 

clerks  and  employees  in  his  office  and  their  ', 

Kalaries, 52,  252,  259; 

to  audit  the  accounts  of  the  Post-Offiee  De-  < 

partment, „ 113  > 

appeal  allowed  to  the  comptroller  of  ^ 
the  Treasury, 113  <; 

leport  by  Auditor  to  the  Postmaster  < 
General, 113  \ 

to  ieep  accounts  and  vouchers  and  re-  ( 

port  delinquencies  of  postmasters,....  113  ') 

10  olose  accounts  quarterly, 113/ 

10    register,   charge    and    countersign  , 

warrants,  <tc., 113  ^ 

to  Btate  and  certify  quarterly  accounts  J 

of  the  moneys  paid, 114  ^ 

to  superintend  the   collection  of  debts,  ^ 

penalties  and  forfeitures,  and  direct  ' 

s-uits, 114  / 

to  have  charge  of  lands  and  other  i 
property  assigned  or  conveyed  to  the  i 

Confederate  States  in  payment  of  / 
debts  due  on  account  of  the    Post-  ' 

Office  Department,  and  to  sell   and  \ 

dispose  of  the  same, 114 


of  custom-house  officers, 2S 

of  additional  officers  in  the  Quartermaster  s 

Commissary's  and  Medical  Departments,.     46 

of  quartermasters  and  commissaries, 51 

of  assistant  treasurer, 57 

of  marshals  and  clerks  of  district  court.s,...     76 

of  clerk  of  the  Supreme  Court, 83 

suits  on    otScial   bonds   of  officers,  in  what 

court  to  be  instituted, 86 

to  prosecute  writ  of  error  to  the  Supreme 

Court  in  civil  cases, 86 

given  for  appeal,  &c.,  in  case*  transferred 

to  the  Supreme  Court  to  remain  in  force,.     85 
of  owner  of  vessel  on  taking  out  letters  of 

marque  and  reprisal. 101 

of  Commissioner  of  Patents  and  chief  clerk 

in  his  office, 136 

official  bonds  of  clerks  and  marshals,  where 

deposited 156 

.suit  maj-  be  maintained  on  a  copy, 156 

,    when  necessary  to  produce  the  original 

and  how  obtained, 158 

of  collectors  of  taxes, 178,  181 

of  military  storekeepers  of  ordnance 188 

of  assayers, 192,  253 

of  marshal  of  district  court  in  certain  In- 
dian territories, 272 


INDEX. 


IX 


Books, 

purchased   by  the  oommitteo  appointed  to 
revise  the  laws  of  the  United  States  to  be 
delivered  to  the  Secretary  of  Congress,...  157  . 
Botmties,  ' 

allowed  for  persons  on  board  of  armed  ves-  ,; 

sels  of  the  United  States  burnt,  sunk  or 
^        destroyed ;  to  be  paid  by  Srtretary  of  the  '.' 

Treasury 102 

to  enlisted  men .' 115 

when    allowed   foi    prisoners   captured    on 

armed  ships  or  vessels, ;..   154 

granted   to   privates,    musicians  and   non-  ' 

cominissioned  officers, 223  ' 

yiowcd  seamen, 241-242  ' 

to  recruits, 248,  254  : 

to  State  troops  who  re-enlist  in  the  service 

of  the  Confederate  State-', 256-257  • 

when  to  be  paid  to  soldiers  enlisting  for  the 

war,  or  recruited, 278 

Breaches, 

amount  recoverable  in  suits  for  breach  of 

covenant, 80  / 

Bread. 

to  be  furnished  troops  in  the  field, 214 

Buglers, 

appointment   Of  chief   bugler  or  principal 

musician  to  each  regiment, 222 

Bureau  of  Engineers, 

clerical  force  increased, 195 

Bureaus, 

«f  the  Treasury  Department 52  / 

of  the  War  Dcpartiueut, 62  / 

of  the  PostOthoe  Department, 57 

of  Public  Printing, 41^  HI 

of  Indian  Aff.iirs 68 

Light-house  bureau  established, 47 

Patent  Office  bureau  established,  136 


c. 


Cadets, 

State  cadets  attached  to  companies  as  super- 
numerary officers,  with  the  rank  of  cadet,  115 

monthly  pay ;. 115 

competency  for  promotion, II5 

from  North  Carolina  Institute  received  into 

the  service, 212 

Cavalrv, 

regiments  of;  of  what  officers,  &c.,  to  con- 
sist,  48,  114; 

pay  of  officers 49  114  I 

equipments  to  be  furnished  volunteer  caval- 
ry companies, 2i;i 

Caveats.     See  Patents, 

specifications.  Ac,  of  inventions  and  use- 
ful discoveries,  filed  in   the  office  of  the 
Attorney^eneral,  to  operate  as  a  caveat,..     9.'! 
Census, 

when  to  be  taken, H 

Chaplains, 

appointed  for  the  army, 99 

may  be  assigned  to  regiments,  brigadoe  or 

posts, 99  ; 

when  appointments  to  exjire, 99 

monthly  pay 99    jk; 

•  allowed  rations, '  210 

for  vessels  of  the   navy    about    to    depart 
beyond   the    limits   of    the    Confederate 

States, 229 

pay  and  emoluments, 228 


Cheatham,  Brigadier  General  Benjamin  F. 

thanks  of  O'ongreis  to,  and  his  command,...  289 
Clierokees, 

treaty  between  the  Confederate  States  and, 
of  October  7th,  1862, 394 

Chickasatos.     See  Choctaws  and  Chickasaws. 
Choctatos, 

appropriation  to  pay  interest  upon   stocks 

of  State  of  Virginia, 260 

Choctaws  and  Chickasaws, 

treaty  betwoeu  the  Confederate  States  and, 

of  July  i2;h,  1861, 311 

Citizenship, 

see  Naturalization  aud, 189-190 

Civilians, 

may  be  appointed  staff  officers.   Their  rank 

lufl  P'ly, 171,  209 

j^ppoiutinents  of  certain  officers  iu  the  navy 

may  be  made  from  civil  life, 229 

Claims, 

supervising    power    of    Attorney    General 

over, 33 

provision  for  the  auditing  and  paying  cer- 
tain claims  against  Congress, 95. 

auditing  of  claims  of  the  States  against  the 

Confederate  (iovernraent, 197 

in  auditing  the  claims  of  certain  States  re- 
ference 10  be  had  to  the  special  compacts 

with  those  StaU'S, 197 

proof. 197 

leslriciion  as  to  amount..- 197 

auditor  to  make  special  report  tQ,  Con- 
gress,   197 

notice  to  Executive   of  each   State  to 

forward  claims, 197 

for  money  against  the  Confederate  States  lo 
be  filed  ih  the  effice  of  the  Attorney  Gen- 
eral,   199 

proof, 199 

report  thejeou  by  Attorney  General  to 

Congress, I99 

of  citizens  of  the  Confederate  States  against 
the  United  states  may  be  tiled  in  the  office 

of  the  Attorney  General, 199 

proof, 199 

when  Attorney  General   to   pass  upon 

>.  and  report  such  claims, 199 

of  citizens  of  the  United  States  who  have 
rendered  postal  service  under  the  United 
States  Government,  to  bo  presented,  veri- 
fied, &c.,  to  the  Post-Office  Department,..  200 

oath  of  claimant, 200 

report  thereof  by  Postmaster  General,  200 

for  postal  service,  when  barred, 200 

Secretary  of  W.ir  to  audit  the  claims  of  as- 
sistant quartoru)asters  general,  commissa- 
ries general  and  surgeoi  s  for  a  certain 

period, ; 241 

oT  attorneys,  agents  or  trustees  of  alien 
enemies  for  fees  or  commissions  on  the 
funds  in  their  hands,  mayjae  allowed  by 

the  courts, 265  * 

Clerical  Force, 

created  for  the  several  Executive  Depart- 
ments  52-53 

maybe  increased, 53 

in  the  office  of  the  Second  Auditor  of  the 

Treasury, 151 

inerease  of,  in  the  War  Department, PJl-lSS 

in  the  Post-Office  Department, 252 

in  the  Treasury  Department, 259 

in  the  office  of  Secretary  of  Congress, 164 


INDEX. 


Clerks, 

appointment  and  salaries  of,  in  State  De-  ( 

partment,... 30,  52  ;, 

in  the  Treasury  Department, 31,  62  ■; 

in  the  Navy  Department, 33,  53  ', 

in  the  P.  0.  Department,..33,  62,  57, 108-109  j; 

in  the  Department  of  Justice, 33,  63  i 

in  the  War  Department,., 52  / 

clerical  foroe  in  the  departments  may  be  in-  / 

creased, 53  i 

in  one  bureau  of  the  Post-Office  Department  / 

may  be  transferred  to  another, 67  \ 

clerk  of  court  of  admiraltj'  at  Key  West,  / 

Florida, 60^ 


of  bureau  of  Indian  jf\flfairs,... 6S  ^  Collection  Districts, 


tCoin, 

provisions  in  Constitution  respecting, 16 

couiitcrfeiting  of, -may  be  punished  by  Con- 
gress,      14 

laws  ( f  the  United    States   in    reference  to     ' 
coin  and  coinage,  declared  to  be  in  force,     62 

silver  coin  issued  under  the  act  of  tha 
United  States  Congress,  Feb.  21st,  and 
March  3d,  1863,  made  a  legal  tender, ^63. 

foreign  gold  coin  to  pHSS  current  as  money 
at  certain  rates, 63,  193 

silver  coin  to  pass  current  as  money  at  cer- 
tain rates, 63 

appropriations  for  the  purchase  of  coin,. 237,  257 


one  clerk  to  be  ;ippointed  to  aid  each  officer 

attached 'to  the  navj', 7-t  ] 

remedj'  against  clerks  of  district  courts  for  '^ 

failure  to  pay  over  money  in  their  hands,     80  < 
of   district    courts;    by   whom    appointed,  ! 

bond  and  security, 76  ' 

of  supreme  court;  by  whom  appointed,  oath  ' 

and  bond, 83  i 

to  be  appointed  to  aid  the  First  Auditor  of  i 

the  Treasury, 114  / 

disbursing    cleik    for   eac"h    of  the    depart:  / 

ments  ;  salary, 116, 

clerical  force  in   the    oflice   of  the   Second  [ 

Auditor  of  the  Treasur3', 151/ 

Secretary   of  Congress  may  employ  addi-  '/ 

tion  clerical  force, 164  J 

in    Patent    Oflice  ;     chief    clerk     to    give  ^ 

bond,... 136, 143  J 

of  district  courts  to   transmit  testimony  in  < 

certain  cases  to  the   clerks   of  -the  State  ' 

courts, 162  <^ 

of  district  courts  to  record  title  of  books,  ^ 

ic;  fees, 158  / 

to  transmit  list  and  copies  annually  to  '/ 

State  Department,  168  i 

appointment  of  clerk  to  take  charge  of  and  ') 

distribute  articles  for  sick  and  wounded,..  170  > 
appointment  of  law  clerk  i\\  Department  of  ] 

Justice, .' 173  'i 

of  clerks   to  commissioners  to  foreign  na-  ' 

tions, 186  'i 

of  district  courts  to  record  oaths  of  natu-  ^ 

ralization  and  ind  x  same.     Clerk's  fee,..  190  ', 
clerioaJ  force  in  the  War   Department,  in-  ^ 

creased, 194  i, 

fees  of,  in  admiralty  cases, 195  / 

additional    clerks    in    the    Navy    Depart-  / 

ment, 240-241  / 

organization  of  clerical  force  in  the  Treasu-  / 

ry  Department, 259  / 

appointment  of  clerk  of  Board  of  Commis-  / 

aioners  under  the  Sequestration  Act.  Sal-  ^t 

ary, 265  ji 

of  district  court  in  certain  Indian  territo-  ^ 

ries ;  term  of  office, 272  ^ 

to  act  as  register  in  chancery, 272  J 

where  clerk's  office  to   be  kept.     Com-  ', 

peusation  ;  duties, 272^ 


121 


volunteers  enftlled  to  money  in  lieu  of,. ..45, 126  J  Commercial  Agents, 


of  Sabine  Pass  established  in  State  of  Texas, 
Sabine  Pass  the  port  of  entry  for  said  dis- 
trict,   121 

Collectors  of  Customs, 

to  grant  licenses  to  vessels  entering  waters 

of  th^  Mississippi  river, 37 

manifest  of  cargo  to  be  deposited  with  the 

Collector, '. 37 

collector  to  certify'  and  transmit  manifest,..     37 

may  put  inspector  on  the  vessel, 37 

penalty   on    master   for   failing   to    deposit 

manifest  or  refusing  to  receive  inspector,     37 
appointment  of  collectors;   and  their  sala- 
ries,      42 

to  ta'-e  receipts  in  treasury  notes  from  the 

holders, ; 55 

continued  in  office  with  their  present  sala- 
ries,  27,  91 

to  enforce  the  existing  revenue  laws  against 
all  foreign  countries  except  the  State  of 

Texas, 92 

to  deliver   to   commanders  of  vessels  com- 
mis;ioned  copies   of  instructions   to   the 

officers  and  crews, 102 

appointment  of  collector  for  the  district  of 

Sabine  Pass,  Texas,. 121 

where  to  reside  ;  term  of  office;  salary,  122 
excess  of  fees   ovep  salary  to  be  paid 

into  the  treasury, 122 

decision  of,  as  to  liability  to  or  exemption 
from  duty  of  goods  imported,  tiual  and 

conclusive, .-... « 135 

to  t3ke  possession  of,  and  sell  certain  un- 
claimed imported  goods, 187 

Collectors  of  Taxes.     See  Taxes. 

appointment, , 173 

duties, 178,181 

bond, 178,181 

oath  of  office, 178,  181 

to  appoint  assessors  of  taxes 173 

compensation, 178,  181 

propcitj^  of,  bound   by  statuiory   lien   for 

taxes  received, 181 

appointment  of  district  collectors  may  be 
suspended  when  State  assumes  payment 

of  the  tax, 226 

Commerce, 

Congress  may  regulate, » 2,  14 


yearly  allowance  of,  to  enlisted  men  of  the 
army, 61 

Secretary  of  War  to  provide  and  furnish 
clothing  for  the  army, 196 

commutation  for,  at  what  rate, 196 

allowance  to  certain  Indian  troops  in  lieu 

of, 238 

Oonsting  Trade, 

vessels  not  enrolled  or  licensed  may  be  em- 
ployed in, „ 38 


may  be  appointed  by  the  President, 65 

their  fees, 65 

moifey  obtained  by  fees  to  be  reported  to 

the  Treasury  Department, 65 

Com7?i>ssaries, 

bond, 51 

auditing  ot  claims  of  Commissary  General,  241 

at  permanent  posts  and  depQis, *..  275 

detail  of  persons  from  the  ranks  to  serve  in 
their  offices, .'... - 275 


INDEX. 


XI 


Commissary  GeneraVs  Department. 

officers  in  ;  their  rank  and  pay, 39,  62  5 

not  to  assume  command  of  troops 39  ] 

additional  ofiicers  in, 46  , 

bond  and  fecurity  required, 46  ; 

pay  and  emoluments, 40  ; 

•  how  long  to  continue  in  service, 46  ' 

Commissary  General  and,  his  assistants  not  > 

to  be  concerned  ia   certain  purchases  or  / 

sales, ~ 51  ^ 

clerks  in,-  and  their  salaries,- 52,  195  ) 

Commissioner  of  Indian  Affairs,  \ 

appointment, 68  J 

duties, 68  ■ 

salary, 68^ 

Commissioner  of  Patents.     See  Patents.  [ 

appointment, 136  \ 

duties, 136  > 

disqualified  from  taking  any  interest  in  pa-  I 

tents, 136  -■ 

compensation, 136,  145  / 

oath  of  office, 136  ' 

bond, 136  > 


seal  of  office, 136  '/ 

annual  report  to  Congress 143  > 

may  appoint  assistant  examiner  of  patents  • 

and  messenger  for  patent  ofTOe, 199  ', 

Commissioners,  ) 

Of  Courts  :  ■', 

may  be  appointed  by  the  judges  of  the  dis-  J 

trict  courts, 78  < 

their  duties  and  powers, 78-79,  208,  209  \ 

swearing  falsely  before,  how  punished 79  \ 

fees, 79,209  ' 

To  the  United  States:  \ 

appointment  of, 92  ] 

duties, 92  ) 

From  North  Carolina:  '/ 

received  by  Congress, 91-92  '> 

To  examine  witnesset:  ^ 

appointment,. 266  > 

power  to  administer  oaths  to  witnesses  and  I 

issue  subpoenas. 266  ) 

fees, 266  i 

To  foreign  Nationn:  I 

President  to  determine  to  what  nations  the         ) 

commissioners  now  in    Europe^  shall   be  ( 

accredited, 185  ' 

to   appoint   two   other   commissioners    and  f 

their  secretaries,.... 185  j 

compensation, 185  ) 

Under  Sequestration  Act.  / 

appointment, 215  ' 

duties, 205  '> 

appointment  not  to  continue  beyond  the  or-  > 

ganization  of  the  court  of  claims, 205  \ 

salaries ^ 205  \ 

shall  appoint  a  clerk;  his  salary, 266  \ 

salaries  of  clerks  and  commissioners  charged  I 

to  confiscation  fund, 266  '^ 

power  to  appoint  commissioner  to  take  ex-  ' 

amination  of  witnesses, , 266  | 

Coin7nissions,  > 

to  officers   of  the   United  States   army  re-  ' 

signed  and  appointed  to  original  vacan-  f 

cies  in  the  army  of  the  Confederate  States,  ^ 

to  bear  the  same  date, 62  t 

appointment  of  officers  to  affix  the  signa-  ; 

ture  of  President  to  commissions  in  the  I 

army, 222  ' 

Coiitmittees  of  Congress,  J 

judiciary  committee   to    have   such    m.xtter  .' 

printed  as  they  may  desire  to  lay  before  ' 

Congress, 91 


Committees  of  Congress,  (continued  ) 

attendance  of  persons  before  committee  on 

naval  affairs, 92 

printing  for  the  standing  committees, 92 

couiibittee  to  revise  the  statute  lavfs  of  the 

United  States, 94,  164 

authorized    to    emplo}'    clerks    and   order 

.   printing, 94 

allowance  to  the  committee, 164 

to  dcpo.sit  the  digest,  materiala,  Ac,  in  the 

Attorney  General's  office, I64 

Common  Law, 

to  govern  in  the   district   courts   in  Indian 

territories, '....,...,...,' 274 

Commutatioti, 

of  quarters  and  fuel, 50 

of  rations, 51 

Compact,  ' 

provision  in  Constitution  as  to  States  enter- 
ing into, 4,  17 

Compensation, 

of  customhouse  officers, 2'^ 

of  President's  private  secretary, 29,  53,  14^* 

of  the  Vice  President  and  heads  of  depart- 
ment,  ;     29 

of  Secretary    of  State    iftid   clerks   in    the 

State  Department,  29-30,  52 

of  officers  and  clerks  in  the  Treasury  De- 
partment,   30,  31,52 

of  public  printer, 40,90 

of  Assistant  Secfetury  of  State, 42,53 

of  collectors  of  the  customs, 42 

of  State  forces  received  into  the  service,  or 

volunteers, 44 

of  officers  in  the  Quartermaster's,  Commis- 
sary and  Medical  Departments, 39,46 

of  brigadier  general,  and  aid  de-camp,. 49 

of  officers  in  the  engineer  corps, 49 

of  officers  of  artillery, 49 

of  officers  of  infantry, 49 

of  officers  of  cavalry ,' 49 

of  officers  6f  the  general  staff, 49 

of  Surgeon  Generjfl, 49 

of  surgeons  and  assistant  surgeons, 49 

additional  pay  of  commissioned  officers  and 
of  United  States  officers,  who  have  re- 
signed or  may  resign, 49-50 

of  officers,  to  be  in  full  of  all  allowances, 

except  forage,  fuel,  &c 50 

pay  of  enlisted  men  of  the  army,....; 50 

of     master     armorers,     master     carriage 

makers,  &c., 50 

of  Assistant  Postmaster  General, 52 

of  Assistant  Secretary  of  State, 53 

of  Assistant  Secretary  of  the  Treasury, 53 

of  Assistant  Attorney  General, 53 

of  Chief  of  the  Bureau  of  War, 52 

of  messengers  in  the  departments  and  bu- 
reaus,....  52,  5.3,  57,  114,  199,  210,  252,  259 

of  clerks  in.  the  departments, 

33,  62,  53,  194-195,  253,  259 

of  messenger^f  the  President, 53 

of  laborers  in  the  departments, 53,  57,  252 

of  assistant  treasurer 57 

of  draftsman  in  the  Post- Office  Department,     57 
of  chiefs  of  bureaus  in  the  Post-Office  De- 
partment,   57,  118 

of  members  and  President  of  Congress, 58 

of  judge,   marshal,    clerk   and   attorney  of 

court  of  admiralty  at  Key  AVpst,  Fla.,.. .60-31 
of  officers  in  the  commissary  ganeral's  de- 
partment,      62 


xu 


INDEX. 


Compensation,  (continued.) 

of    the    Secretary   of    Congress,   Assistant  . 

Secretary,  journal  clerk,   reading  clerk,  <, 

doorkeeper  and  messenger C5  ' 

of  extra  clerk  employed  to  enroll  or  engross  ' 

the  aots  of  Congress 65  '/ 

of  Second  Auditor  of  the  Treasury, fi6  ' 

of  Commissioner  of  Indian  Afiairs,  and  clerk,     68  5 

of  naval  officers 70-72,  121  / 

of  clerk  to  naval  officers, 74  J 

of  seamen, 7i  ■ 

of  corps  of  marines, 74,  121 

of  judges  of  district  courts, 76  ;' 

of  witnesses, 79  ( 

of  district  attorneys 81 

of  the  officers  of  Congress  under  the   Pro-  { 

•Tisional  Government,  defined  and  fixed,..     87  : 

of  special  agents  to  examine  custom-houses  / 

on  the  frontiers, 88^ 

of  officers  of  the  customs, 91  / 

of  chaplains  in  the  army, 99,  116  ': 

of   railroad   companies    for   carrying    the        '  ^ 

mail, 105  / 

of  agents  of  telegraph  lines  to  be  paid  out  '> 

of  the  Treasury, 107) 

of  additional  clerks,  watchmtn,  and  labor-  ;' 

ers  in  the  Post-Office  Department, 109,  252  { 

additional  pay  allowed  the  disbursing  clerk  { 

of  the  contingent  and  salary  funds, 109  ^ 

of  Superintendent  of  Public  Printing, Ill  ' 

of  messenger  of    Superintendent  of  Publio  i 

Printing, Ill  ? 

of  clerks  to    aid   the   First   Auditor  of  the  ( 

Treasury, 114  '/ 

of  messenger  for  the  Treasury  Department,  114  | 

of  generals, 115  ^ 

of  officers  added  to  the  corps  of  engineers,  ) 

quartermaster  general's  department  and  '/ 

medical  department, 115  ' 

of  military  storekeepers, 115,  188  i 

of  cadets, 115  ; 

of  hospital  stewards, 115  ) 

of  disbursing  clerks  for  each  of  the  depart-  ;; 

ments, , 116  ■; 

of  officers  and  privates  of  company  of  sap-  ', 

pers  and  bombadiers,..'. 120  > 

of    collector    of    district   of    Sabine    Pass,  '/ 

Texas, 122/ 

of  agents  of  telegraph  companies  charged  / 

by  the  President  with  special  duties, 124  't 

of  commissioner  and  examiner  of  patents  > 

and  clerks  in  patent  office, 136,  145,  199  / 

of  members  or    the  committee  of  Congress  / 

appointed  to  digest  the  laws  of  the  Uni-  '/ 

ted  States, 164  '/ 

of  clerks  to  take   charge  of  and   distribute  J 

ani(  Ics  for  the  sick  and  wounded, 170  ^ 

of  field  ofdcers  and  assistant  adjutants  gen-  '^ 

eral  of  volunteer  forces, 170  ^ 

of  civilians  appointed  staff  officers, 171,  209  ^ 

of  law  clerk, 173  < 

for  the  printing   of  the   laws  in  the   public  / 

gazettes, , 172,  277  / 

of  public  printer  for  printing  the  laws,  res-  / 

olutions  and  treaties, 173  ' 

of  collectors  and  assepsors  and  taxes, ...178,  181  / 
of  additional  commissioners  to  foreign  na-  / 

tions  and  their  secretaries, 185  ' 

of  superintendents  of  armories, 188  ', 

of  master  armorers, ; 60,  188  ) 

of   aids-de-camp   for   President's   personal  ', 

staff, 1S8  { 

of  assayers, 192  ^ 

of  messenger  in  patent  office, '.   199  { 

of  commissioners  under  sequestration  act,..  205  ( 


Compensation,  (continued.) 

of  receivers  under  sftuxae  act, 206,  263 

of  clerk  of  board   of  commissioners   under 

said  act, 266 

of  Assistant  Secretary  of  War, 222 

of  carriers  of  electoral  votes, 224 

of  certain  officers  who   commenced    servi^ 

befjre  receiving  their  commissions, 225 

of  officers  of  the    navy  ordered    to  do  duty 

on  shore  with  troops, 228 

of  chaplains  in  the  navy,  220 

of  additional  clerks  and   draftsmen   in  the 

Navy  Department, 240-241 

of  officers  in  Arizona  Territory, 246-247 

of  delegate   to    House   of   Representatives 

from  said  Territory, 247 

of  cutters  and   trimmers  in    the    Treasury 

Department, 259 

as    to   pay  and   allowance  of  deceased  sol- 
diers.    See  Deceased  Soldiers,  ajid,... .275-276 
Comptroller  of  the  Treasury, 

appointment, ,  30 

salary, 30,  53 

duties, 31 

clerks    and   messenger  in   his   bureau,  and 

their  salaries, 52,  259 

Confederation,  ^ 

no  State  to  enter  into, 16 

Confiscation, 

of  property  of  alien  enemies.  See  Sequestra- 
tion, and, 201-206,  260-266 

Confiscatio7i  Fund, 

salaries  of  commissioners  and  clerks  under 
the  sequestration  act  to  be  changed  to,.. 
Congress, 

to  consist  of  Senate   and    House  of  Repre 

sentatives, 

shall   assemble   at   least   once  a   year,  and 

where, 12,  19 

each  house  shall  judge  of  election,   &c.,  of 

its  members, 13 

majority  of  each  house  a  quorum, 13 

smaller  number  may  adjourn  daily,  and  en- 
force attendance  of  absentees, !•'> 

may  make  rules,  punish  or  expel  members,     13 

journal  to  be  kept  and  published, n 

yeasandnays;    how  called, 13 

power  to  adjourn  either  House,  and  to  ■^h.ni 

place, lo 

State  Legislatures  to   prescribe  time,  place 

and  manner  of  holding  elections, 12 

liable  to  be  altered  by  Congress,  except  as 
to  time  and  place  of  choosing  senators,...     1 2 

powers  granted  to, 13,  14,  15,  16,  18,  21 

may  make  laws  to  execute  powers, 15 

what  it  cannot  do, 15,  16,  22 

may  fix  time  of  choosing  electors, 18 

to  be  the  same  throughout  the  Confederate 

States, IS 

may  provide  who  shall  act  in  case  of  death, 
removal,  resignation  or  disability  of  pres- 
ident and  vice-president, IS 

May  vest  appointment  of  inferior  officers,...     18 

may  declare  punishment  of  treason, 20 

attainder  not  to  work  corruption  or  forfeit- 
ure, except,  &c., 20 

may  prescribe  authentication  of  acts.,  Ac, 

of  tetates 20 

may  prescribe  regulations   for   property  of 

Confederate  States, 21 

"    may  assent  to  formation  of  other  Stj^tes,...     20 
may    summon    a   convention    to   consider 

amendments  proposed  to  Constitution,....     21 
bound  by  oath  to  support  Constitution, 22 


266 


11 


INDEX. 


xm 


Con;.p-ess,  (contii)ticcl.) 

powers  not  granted  to,  reserved, 22 

members  of ;  their  compensation, 13 

]irivileges  frowi  arrest,  except,  Ac.. ,...     To 

not  to  be  questioned  elsewhere  for  words  in 

(U'bate, A 13 

T^B  to  be  appointed  to  certain  civil  offices,..     IZ 
]^fsons    holdiiio;   offii-e    under    Confederate 

Stales  not  to  be  meuibers  of, 13 

reprcscntu.tion  ;  how  apportioced, 11,123 

Congress  under  the  Provisional  Governmc-nt 
to  prescribe  the  time  for  holding  election 
of  President  and  Vice-President,  meet- 
ing  of   the    electors,    &<".,    and    time  for 

holding  first  election  of  members, 22 

/  how  long  under  provisional  Constitution  to 

exercise  power, 22 

vote  of,  on    the  question  of  the  adoption  of 

the  Constitution, 23 

pay  and  mileage  of  members  and  i-res-jdent 

of, /. 58,276 

how  mileage  allowed  to  members,  computed,  107 
compensation  of  secretarj-.  assistant  secre- 
tay,  journal    clerk,  reading   clerk,  door- 
keeper "and  messenger, 6.) 

compensation  of  extra   clerk   employed  to 

enroll  or  engross  the  acts, C.i 

preservation  of  records  of. ftO 

disbursemer.  t  of  contingci^t  fund, '.'5 

provision    for   the  auditing    and   paying  of 

certain  claims  against, Ob 

printin;;'  for, Ill 

basis  of  representation  in, 123 

election  of  senators  for  the  First  Con- 
gress,  187-188 

endorsement  by  member  of  Congress  of  his 
name,  not  to   subject   him   to   increased 

postage, 200 

certain  moneys  placed  to  the  credit  of  con- 
tingent fund  of, , 214 

aceounts  agsiust,  payable  out  of  its  contin- 
gent fund, 215 

proclamation  calling  an  extra  session 219 

organization  of  first  meeting  under  the  per- 
manent Constitution.  Duties  of  the  Vice- 
President  and  President  of  Congress 
under  ihe  provisional  Government  in  ef- 
fecting such  organization, i....,   268 

preservation  and  future  publication  of  jour- 
nals of, 277 

'dnigrcss,  Secrelan/  of, 

to  have  engrossed, and  arranged  for  publica- 
tion the  provisional  Constitution  with  the 
autograph  signatures  and  flag  a  :d  seal  of 

the  Confederacy 91 

tlisburscuient  of  contingent  fund  of  Con- 
gress, under  his  control ;  report  by  Sec- 
retary to  Congress, 95 

to  place  certain  moneys  in  his  hands  to 
credit  of  contingent  fund  of  Congress,...  211'; 

to  report  his  action  to  Congress, 215 

to  take  charge  of  books  purchased  by  the 
committee  appointed  to  revise  the  laws  of 

the  United  States, 157 

to  sell  the  furniture,  Ac,  turned  over  to  the 

said  committee 157 

may  employ  additional  clerical  force, 164 

to  submit  statementto  Congress  of  aceounts 
against  Congress  paid  out  of  the  contin- 
gent fund, 165 

Consiiliitiriii  of  the  Confcdernte.  States, 

for  the  provisional  ttovernmont, 1-8 

for  the  permanent  Government, 11-22 

preamble;  purposes  of, 1,11 

legislative' powers  veitod  iu  Congress, 1,  11 

28 


C'lusiilution  of  tlir.  Confederate  States,  (continued.) 
character  of  the  Government  eslablishcd,_8,  21 

to  be  the  supremo  law, 8,  21 

powers  not  delcg.ited  nor  prohibited,  remain 

in  the  States, 4,  22 

ratification  and  mode  of  amendment, 21-2- 

•   Congress  : 
to  consist  of  Senate  and    IIouso  of  Repre- 

sentives, ', 11 

s'latl   asr-emble  at   least   once  a  year,  and 

where .., 12,  I'J 

each  House  shall  judge  of  election,  Ac,  of 

its  members ^ 13 

majority  of. each  House  a  quorum, 13 

number  to  adjourn  daily 13 

enfirce  attendance  of  absentees, 13 

ni,ay  make  rules,  punish  or  expel  members,.     13 

journal  to  be  kept  and  published, 13 

yeas  and  nays;  how  called 13 

power  to  adjourn  either  House,  and  to  what 

place, 13 

legislatures    of    States   to   prescribe    time, 

place  and  manner  of  holding  elections,...     12 
liable  to    be    altered    by    Congress,    except 

place  of  choosing  Senators, 12 

powers  specifically  granted  to,  14,  15,  17,  18,  20 

may  make  laws  to  carry  out  powers, 15 

what  Congress  cannot  d  i, 16,  16 

may  fix  time  of  choosing  electors  of  Presi- 
dent, Ac...... '. 18 

but  to  be  same  day  in  States, 18 

may  provide  who  shall   act  in  case  of  ina- 
bility of  President  and  Vice-President,....     18 
may  vest  appointment  of  inferior  ofiicers,  18-19 

may  declare  punishment  of  treason 20 

.attainder  not  to  work  corruption  of  blood 

or  forfeiture,  except,  Ac.. •   20 

maj'   prescribe  authentication  of  nets.  Ac, 

of  States, 20 

may   assent   to  formation  of  new  from  old 

States, 20-21 

m.ay  prescribe  regulations  for  property  and 

territory  of  the  Confederate  States, .'..     21 

may  summon  convention  to  consider  amoud- 

ments  proposed  to  Constitution,....., 21 

shall  be  bound  by  oath  to  support  Constitu- 
tion,  ." 22 

powers  net  granted  reserved, 22 

Members: 

compensation  of, 13 

priviledged  from  arrest,  except,  Ac, »     13 

not  to   be  questioned   elsewhere  for   words  • 

spoken  in  debate, 13 

not  to  be  appointed  to  certain  civil  offices,..  13 
persons   holding   office   under   Confederate 

States  not  to  be  members, 13 

House  of  Representatives: 
members  of,  how  and  by  whom  chosen,.. ..11,  12 

qualification,  appointment  and  number, 1 1 

vacancies;  how  filled, 12 

shall  choose  their  officers, 12 

shall  have  solo  power  of  impeachment, 12 

shall  judge  of  elections,  Ac,  of  own  mem- 
bers,  , i:! 

quorum,  adjournment,  rules,  jourxiuls,  Ac,  IM 
coHipensatiou.privileges,  disqualifications,  13, 18 
cannot  be  appointed  presidontial  elector,....     17 

to  originate  revenue  bills, ];; 

two-thirds  pass  billsover  President's  veto,..     13 

bound  by  oath  to  support  Constitution, 22 

Senate: 

members;  hov/  chosen  and  classified, 12 

qualification,   quorum,   adjournment,  ])rivi- 

leges,  disqualifications, , 12,  18,  19' 

cannot  be  presidential  electors, II. 


XiV 


INDEX. 


C:.ftsiilii!ion  of  the  Covfederate  Stolen,  (continued. 

vacancies;  bow  tilled 

■Viee-Piesiilcut  to  presiilu,  Idit  not  to  vo;e  ... 

Pre.-idcnD  pro  (cm.  ;  when  to  be  ebosen,.... 

6ole  power  to  trj  impeachments, 

proceedings  in  impei'.cbmcuts  

may  propose  aiaomimeuts  to  money  bills,... 

may  pass  bill  over  President's  ve.o, * 

may  concur  in  making  tieaties 

mTV  advise  and  consent  to  appointments  by 

i'residen'^, I 

Pre'-idiiit : 

Lis  tern^or'office, .,...•• 

electors  of,  number;  how  appointed, 

who  caunot  ba, 

hovr  and  where  to  meet,  and  choice  of  Presi- 
dent,   

qiialilica,tic"8, 

vacaucies  in  office, 

compeiig.T.tioa  and  oath, 

powers  and  duties, «. 13- 

jnay  veto  bill-! 

pr<  eeediugs  ia  case  of  iixipeaebuient, 

cannot  pardon  in  case  of  impeachment, 

yice-Prciiticnt  : 

term  of  oiEce, 

mode  of  elecriop,  qualificatioiis, 

to  be  President  of  Senate, 

to  have  no  vote,  (xcept,  &c., ..... 

when  to  be  Presiiieut, , 

Jiidivird  2^0iver, 

bow  vested, „.....*.T7 

to  what  eases  est  nded, 19, 

tenure  of  office  of  judges,-  their  pay,...™.... 

oriiiinal  and  appellntd  jurisdiction, 

trial  of  crimes,  where  to  be  held,  and  by 
jury, 

juaicial  pruceedings,  Ac.,  in  each   State  lo 

have  full  credit  in  other  States, 

J^tfites  : 

each  to  have  republican  form  J  Govern- 
ment,   

to  be  protected  against  foreign  invasion  and 
domestic  violence, 

cannot  be  sued  by  citizens  of  foreign  titate, 

powers  not  dclegited  nor  prohibited,  re- 
served,...  

prohibited  from  exercise  of  certain  powers,  10- 

privileges  and  immunities  of  citizens, 

faith  and  credit  to  be  given  to  acts, 

admission  of  new  States;  provisions  re- 
gpecting 

members  of  legislatures  of,  to  be  bound  Ly 
oath  to  support  federal  Constitution, 

judge;  in.  to  be  bound  by  federal  Constitu- 
tion and  law.s, = 

Miacellancoiis  protiniims  : 

adjournment  of  Congress,  or  either  House,. 

hmendments;  how  to  be  made, 

Riais;  right  to  keep  and  bear,  not>to  be  in- 
fringed,  

Rrciy;  Congress  empowered  to  raise  and 
support 

Birost;  members  of  Congress  privileged 
from, 

attainder;  no  bill  of,  to  be  passed, 

bail ;  exccajivc,  prohibited, 

bankmptc^v  ;  Congress  may  establish  sys- 
tem,  

census,    Confederate   States,    when    to    be 

taken, 

citizens  of  btates;  privileges  and  immuni- 
ties of, 

coin  and  coining;  provisions  respecting,.... 

Cgjnmcrce;  Congress  may  regulate, 


20 


22 


21 


16 


14'/ 


Conitituiion  of  the  Confede:ate  States,  (continued.) 

copy-right;  Coiigre.-:s  may  grant  by  law,...  14 

counterfeiting:   Congress  may  punish, 14 

crimes,  where  an4  how  to  be  tried 2&- 

persons  not  to  bo  held  to  ai.swer  for,  un- 
less,  <tc., ..„.  15 

those  charged  with,  to  have  trial  by  juflb  16 
debts  contracted   belore  adoption  of  Cot^ 
stit.ition,  to  be  valid  against  Confederate 

Slate?, 21 

duties;  authority  of  Congress  to  establish,  14 
e.Nce>'sive  'lail,  fines  and  puniohments  pro- 
hibited,  '. 1& 

Ex  }ioH  facto  laws  not  to  bo  paslsed, 15 

fines,  excessive,  prohibit!  d, 16 

freedom  of  speech  and  press  and  of  petition 

st-cured 16 

fugitives  from  justice;    provisions  respect- 
ing   20 

Iroiu  service  and  labor, 20 

grand  jury;  presentments  and  indictments 

by, 16 

half  as  corpus  ;  writ  of,  not  lo  be  suspended, 

uule.ss,  &c., 15 

impeachmi.nt  under  Constitution,...' 12 

llouse  of  Representative  sole  p..wer  otj...  12 

Senate  sole  powtr  to  try, 1? 

proceedings  in  trial  of , 12,  20 

wh.n  President  is  tried, 12 

judgment  and  sentence  in  cases  of, 12 

those  convicted  still Jijjljje. to  indictment,  12 

President  cannot  pardon  in  case  of, 18 

importation  of  negroes  of  the  African  race 

forbidden, 15 

introduction  of  slaves  may  be  prohibited,...  15 
jury:    trial   by,  secured   to    those   charged 

with  crimes, 16 

in  suits  at  common  law,  when, 16 

measures  and    weights;    standard   may   be 

fixpd, 14 

militia;  provisions  respecting  arming  and 

disciplining 15 

money  maj'  bo  coined,  and  value  regulated,  14 

counterleiting  may  be  punished, 14 

naturalization;  uniform  rnle  of,  may  be  es- 
tablished,   14 

navy;  power  of  Congress  over, 15 

nobility;  titles  of,  not  to  be  granted, 16 

officers  not  to  accept  presents,  titles,  Ac.,...  16 

petition;  right  of,  secured, 16 

post  offices  and  roads  may  be  established,....  14' 

press;  freedom  of,  secured, 16 

private  property  not  to  be  taken  for. public 

uses,  without,  &e.,. 16 

punishments,  excessive,  prohibited, 16 

quorum  of  Senate  and  House  of  Represeu- 

tives, 13 

of  Senate  for  choice  of  Vice-President,  18 
of  the    House   of  Representatives   for 

election  of  President, 18 

ratification  of  Constitution 22 

religious  establishment  prohibited, 16 

revenue;  power  of  Congress  to  raise,, .13,  14,  17 
-  searches  and  seizures;  freedom  from  unrea- 
sonable   16 

soldiers  not  to  be  quartered  in  house  with- 
out consent  Of  owner "••  16 

speech:  freedom  and  ri.«ht  of,  secured, 16 

taxes,  direct,  how  apportioned, 11,  14 

tender;  only  gold  and  silver  coin  to  be  legal,  16 

treason;  how  defined  and  punished, 20 

person  not  to  be  convicted  of,  unless,  Ac,  20 

attainder  of,  not  to  work  forfeiture, 20 

treasury;  money,  how  to  be  drawn  from,...  15 

treaties;  how  may  be  made, *. •••  18 


INDEX. 


XV 


Contti(Hl!on  of  the  Confederate  Stales,  (continued.) 

to  be  supreme  l;iw 21  ', 

individual  States  not  to  make 16  ' 

trisil  by  jury  stcured, , 16  ', 

veto  ot   President,  K]  J 

^louse  and  Senate  iniiv  pa.-^^s  bill  over, J3  ,' 

warrants  \uM  to  i-suc,  exe^lJC,  <tc., 16  ', 

weights  find  measures;  stiiiidard  of,  may  bo  J 

established, ] M  ' 

witness;    person  charged    with,  erijie  may  ^ 

SLinitnon, ] 16  '< 

may,  bo  CdiilVoniod  wiih  accuser?, l(i  > 

none  compelled  to  be  against  hi:usolf..,  i  6  ' 

■     yeas  isnd  liiiys;  when  to  be  entered  on  jour-  ' 

"a' 13; 

am.r.i;iueuis;  how  mudo  and  ratified, 21  ' 

relii^^ou-  establi.^hmwit  pn  hibitad, 1(>  ', 

freedom   of  speech    and    of  the    press,  and  ! 

right  of  jietition  secnred 16  ] 

right  to  keep  and   be.ir  iirnis    not  to    be  in-  ', 

'ringed -. ^ ]C,  ; 

Boldiors  not  to  be  quartered  in   any   house,  \ 

unless,  Ac, 16  > 

Bocurity  -frum   unreasonable   searches    and  ' 

seizure?, ]6  ' 

wiirrants  not  to  issue  but  on  probabc  caus-.-,  1  (H 

persons  not  to  be  hold  to  answer  for  crimes.  ] 

unless,  Ac., jp  J 

to  have  tri  il  by  jury  ;  to  be  confronted  »vith  '/ 

witnesses;    to  com.icl  !ittei}dance  of -wit-  '> 

ncsses,  ;ind  to  have  counsel, 16  J 

not  twice  to  bu  put  in  itojiardy, 16  j 

Bot  to  bo  compelled,  in  :f  criminal   ease,  to  ) 

be  witness  au'uiost  himself, 16  ^ 

nor  be  dejirived  of  property  but  by  prooesa  ^ 

of   law, 16  I 

privaic  property  i.ot  to  be  taken  for  public  | 

use  wiihout  C'Uipensation 16  1 

trial  by  jury  secured, 16  ' 

excessive  bail,^fiues  and  punishments  pro-  ' 

hibitcd, 16  J 

rule  ot  coustruetiou  as  to  powers  grant,  d,..  Id' 

powers    not   delegated  uor  prohibited,   ro-  ^ 

served  to  States, , 22  J 

judicial    power   docs    not   extend   to   suits  ', 

against  a  State, 19  J 

maiin.-r  of  choosing    President   and    Vice-  '/ 

President, 17-18  J 

provisional    and    permanent   ConstitutiviBS,  >, 

acts,  Ac,  to  be  1  ublish.-d  ia  one  volume,  277  j 

Conauh,                          ^  J 

see  title  Amhass<xd>rs.  ', 

may  bo  anpoiuted  by  the  President, Go  ''. 

tlicirfces, 6a  ; 

money  obtai.ic  t  by  lees  to   bu  rep.irtod  to  ;J 

the  Treasury   Department, Co.' 

Contempts,  > 

ol  court;  how  punished, 79  ' 

*Oontinffeiit  I'lun/,  J 

of  Congress;  disbursement  of, <j,j  ; 

accounis  against  Congress  to    be   paid  out  ', 

o'» 165,  215  ', 

certain  moneys  placed  to  the  credit  of, 211  ,' 

paymenc  out  ol,  for  work  done,   atid  lurni-  ^ 

lure  for  the  executive  office  and  buildings,  164  ' 

V<mtrn<.t8,  _  ^     ' 

contiiuiional  provision  against  impairing,...^ 6  / 

lor  the   purchase,   Ac,   ot  small   arms   and  i 


munitions  of  war,  and  for  the  cstabli.'^h-  ^ 

ment  of  powder  mills  and  manufacture  of  ' 

powder,  OQ  ^ 

,*             '       .                  "^  / 

aavauceson,  t.ir  arms  and  lunnitions  of  war,  173  ' 

for  building,  Au.,  of  gunboats, lyj  '> 

for  carrying  the  mail, 66' 


Contracts,  (continued.) 

for  the  binding  of  the  acta  and  resolutions 

of  Congress 17,3 

for  supply  of  bread  for  troops, 214 

Convention, 

copicj  to  b'3  made  of  the  proceedinga  «if  tho 
conven:i.>n  which  framed  the  provisional 

and  pLrm:inent  constituliocs, 277 

vcritication  of  copies 277 

how  copies  disposed  of. 277 

where  original  j'lurrials  depofiied 277 

copic-i  and  origiiiiils    to    bo   pre.-o.  ved  with 

their  seals  unbroken, 277 

Cooks, 

employment  of,  fvir  the  military  ."ervicc, 1S6 

VV^ 185 

CoD^-ritjIit, 

Congress  may  gran',  by  law, 14 

commissioners  appointed  to  visit  Eur"pe:!n 
piwers  in  ly  enter  into  tr^aiy  obligaiioiifj 
for  I  ho  extension  of  international  c>.p>- 

'ig'i'*. 03 

exclusive  rght  of  publishing,  Ao,  vcuu'd 

in  authors,  Ac,  and  their  assignees I.')? 

for  what  period, ." 157 

copy  of  title  to  bo  deposited  with  olork  <  f 

the  district  court, 157 

record  thereof,  j^y 

f^cs. .'  153 

copy  to  be  dolivncd   within  three  inont!>a 

from  jinblication, .v 153 

list  and  copies  of  copy-righis  10  be  i\anu;il. 

ly  trunjniitted  to  the  Slate  Pepartmcnr,..  158 
notice  of  copyright  to  bo  frintjil  on  tiilo 

pa^e.  Ac, 158 

copies  of  books,  Ac,  to  bo  sent  to  State  De- 
partment,  > i;-,8 

when  copy-right  may  be  reuew-d, I08 

record  tiiercof 153 

c;.py  of  record  to  be  published,  158 

assignments  to  be  aciinowlcdgcd  and  re- 
corded,   , I. -,8 

fees  for  recording 159 

jurisdiction  of  tlie  district  courts, 1.(9 

power  to  grant  it.junctiun.«, 159 

writ  of  error  or  appeal, '»...  ii\j 

penalty  for  violation  of  copyright, i;.9 

for  infringement  as  to  prints,  maps,  char'a 

and  musical  composition.'!, if.g 

printing,  Ac,  of  works  of  aliens  not  pro- 
hibited   160 

penalty   .<"or    unauthorized    publication    of 

miiiuscript, I69 

courts  in:iy  grant  iojunctiona,..,. J60 

in  dramatic  (-umpositions  to  include  the  ex- 
clusive ri-htof  representation,...' 160 

damages  for  vitdation ico 

ptior  rights  to  be  protected, ISO 

person  sued,  Ac,  may  plead  general  ia-ue, 

and  give  Sjjecial  matter  ia  eviJcucc, 169 

penalty  lor  publioati  n  of  pretended  copy- 
right   ICO 

limitation  of  action, .•. iiji 

privilege    of  act  extended  to  foreigners 161 

reprints    or   publications   prohibited    froia 

8il«- 161 

penalty, lei 

Lotion, 

duty  on  cotti>n  exported 43 

duiy  pledgeil  to   tue   pjynunt   of  tho  loan 

prjvukd  f,r  by  the  act  .'f  Feb.  2S,  l7til,     43 
export  ol,  exempt  through   seaporta  of  iho 

Confederate  state.-,  pi'ohibiied, 152 

when  act  to  take-tffect, I7J 

penalty, ', 153 


XVI 


INDEX. 


Cuiton,  (contiuucd.) 

informer  entitled  to  one-half  of  pro- 
ceeds of  articles  forfeited, 153 

justice    may    issue    warrant    for    the 

seizure  of  the  cotton,., 153 

steamboats,  <fec.,  used  in  violating  this 

act,  forfeited. 153 

exportation  of,  to  Mexico,  allowed, 153 

Counsel, 

in  criipinal  prosecutions  accused  to  have  as- 
sistance of,...' 16 

Cvunterftiting.     See  Foryiny  and  Counterfeiting. 

Congress  may  punish, 11 

Courts.     See  DiMrivt  Court — 'Supreme  Court. 
power   of    Congress    to    establish    inferior 

courts, 19 

court  of  admiralty  at  Key  AVe.'t,  Florida,. .00-61 

terms  of, 60 

extra  session^ 60 

terftis  of  court  lor  western  district  of  Texas,  127 
Department  of  Justice  to  pvovide  accommo- 
dations  for  holding  courts,  and  to  furnish 

books, '. 156 

money  paid  into  the  registries  and  receivers 
of  the  courts  to  be  withdrawn  and  de- 
posited into  the  treasury, lGS-169 

jurisdiction  of  the  courts  under  the  seques- 
tration act, 202-2-OC 

two  terms  of  court  to  be  held  in  each  judi- 
cial district  in  Tennessee. 221 

as  to  courts  in  Arizona  territory.  See  Ari- 
zona Territory  and, 245-216 

Creeks, 

treaty  between  the  Confederate  States  and, 

of  July  10th,  1S61, 289 

Orimes  and  Punishments, 

where  and  how  crimes  to  be  tried, 20 

persons  not  be  held  to  answer  for,  unless,  &c.,     16 
those  charged  with  crime  to  have   trial  by 

jury, •. 16 

exclusive  cognizance  of  crimes  and  offences 

vested  in  the  district  courts, SI 

laws  of  the  United  States  in  regard  to,  held 

to  be  in  force, .- 81-R2 

cScct  of  judgment,   <fcc.,  of  United  States 

courts  in  criminal  cases, Se) 

special  jurisdiction  of  district  court  held  at 
the   seat   of  government   of  crimes   and 

offences  eonunitted  by  public  officers, ?^i 

forging  or  counterfeiting  treasury  rote?, 
bonds  or  coupiais.  or  uttering  or  •  ublisli- 
ing  any  such  forged  or  counterfeited  note, 

bond  or  coupon, 182,  ISo 

engraving  or  having  jmsscssion  of  plates, 
Ac,  with  intent  to  forge  treasury   notes 

or  bonds, 183 

forging  or  counterfeiting  certificate  of  in- 
scribed stock, 191-192 

embezzling  money  under  sequestration  act,  205 
panishment  of  person  convicted  of  ielonly 
iin  district  court  of  certain   Indian   terri- 
tories, ., „ 271 

Vuetom-Housec, 

appropriotion    for,    at    New    Orleans    and 

Charleston, 68 

C-uKtoms.     Sec  Revenue.    ^ 

cuBtom-housc  officers  and  assistant  treasu- 
rers continued  in  office, 27 

their  salaries,  fees,  Ac, 27 

bond, , ii! 

oath 28 

i\'iters  and  Trimmers, 

allowed  in  the  bureau  of  the  treasurer;  their 
aalurisB, ,.,.,... 259 


D. 


Damages.,. 

allowed  in  Supreme  Court  on  affirmance  of 

judgment  or  decree,.. 83 

for  violation  of  copy-right, 160 

Death, 

proceeding  where  a  party  to  a  case  dies, 79 

suggestion  of  death  on  the  reconi 1..     79 

Deht, 

contracted  before  the  adoption  of  the  Con- 
stitution to  be  valid  against  the  Confede- 
rate States, 21 

persons  indebted  to  individuals,  Ac.  of  the 
United  States,  proh\bited,  during  the  war, 

from  paying , 151 

to  pay  the  amount  into  the  treasury, 151 

treasurer's  certificate.     Certificate   to   bear 

interest, 151 

when  redeemable,  and  in  what,,. 151 

Deceased  Soldiers. 

pay  and  allowance  to;  to  whom  paid,...275-27<3 
payment  to  be  made  by  the  paymaster,  up- 
on the_  pay-roll  made  out  aad  certified  by 

the  captain  or  comujanding  officer,, 276 

Deeds, 

to  purchases  of  real  estate  sold  for  taxes; 

by  whom  made, 180 

fee  for  the  deed ;  for  whose  use, 181 

Departments.     See  the  several  Heads. 

heads  of;  authorized  to  contract  for  print- 
ing,    : ,..     40 

of  what  officers  the  clerical  force  to  consist,     52 

increase  of  clerical  force, 53 

employment  of  laborers, 53 

Depositions,    . 

rules  for  taking  depositions  of  witnesses,  in 

suits  at  law, 73 

may  be  taken  when  their  attendance  cannot 

be  procured, .* 78 

how  taken  in  suit:?  in  equity, 78 

to  perpetuate  testimony,...'. 78 

how  taken  in  Louisiana  and  Texas,..., 78 

appointment  of  commissioners  to  take, 78-79 

Digest  of  the  Laus, 

resolution    providing   for   a   digest   of  the 

laws  tf  the  United  States, 94 

:qipo!ntmeut  of  comrnittee;  committee  au- 
ihiiriKed  to  appoint  clerks  and  order  print- 
ing  '. 94 

ro?olution  rescinded, *. 164 

allowance  to  members  df  the  committee, 164 

eommittee  to  deposit   the  digest,  matrials, 

Ac,  in  the  Attorney  General's  office, 164 

Direct  Taj:es, 

how  ajportioncd  among  the  States, 11,  15 

Distress, 

for  taxes, 179 

property  exempted  from, 179 

property  removed,  liable  to   tax,  may  bo 

distrained  and  sold, 226 

District  Atlornej^s, 

fees  of, , 67-68,  81 

by  whom  appointed ;  their  oaths  and  duties,     81 
salary, 81 

•  ^>er  diein  com'pensation  for  a.ttL;ndiug  court,.     81 
,  mileage, 81,  169^170 

when  absent  from  any  term  of  the  court 
the  judge  may  appoint  a  person  to  act  in 

his  stead, * 81 

when  in  the   military  service  an    attorney 

pro  tempore  tnay  be  appointed, 157 

from  the  judici.al  districts  in  Virginia, 119 

for  the  judicial  districts  in  Arkansas, 152 


INDEX. 


xvii 


District  AltorneyD,  (continued.) 

for  the  district  of  Texas    assigned   to  the 

eastern  district  of  said  Stale, 161  > 

fees  in  admiralty  cases, 195  f 

to  prosecute  all  causes  iustituted  under  the  ' 

sequestration  act, 204 

compensation 204  ' 

to  attend    the  settlement  of  receivers'  ', 

acc<iunt8  under  said  act 205  ■; 

for  judicial  districts  in  Tennes.-ec 224  ', 

District  Collectors  of  Taxes.  See  Collectors  of  Taxes. 
District  Courti, 

,      established, v ^^ 

each  State  to  constitute  one  district, 75  ; 

adjournment  of  in  case  of  inability  of  judge 

to  attend, 75^ 

in  case  ol   failure   to    bold   court,  process,  / 

pleadings  and  proceedings  continued, ...75-76  ^ 

appointment  of  marshi^ls  and  clerks, 70  ,, 

writs  and  priicess, 76-7i   • 

seal  of  the  ccurt, .., 76-77  ;. 

time  and  place  of  holding, 77  ] 

when  district  judge   of  Louisiana  required 

to  hi  Id  bis  court  out  of  New  Orleans, 77  ; 

jurisdiction  in  civil  cases, 77 

when  to  admiuister  and  decide  matters  of  { 

equity <7 

laws  of  the  several  States  to  be  the  rule  of 

decision  in, 77 

power  to    issue   writs   of  injunction ;  scire     ■ 

facias  and  ha!>cns  corjjwi, '8  , 

may   r.'quire  production  of  books  or  writ- 
ings as  evidence, 79 

judgment  in  case  of  failure  to  comply  with 

requi.siiion 79 

contempts  of  court;  how  punished, 79  ; 

rules  for  the  conduct  and  dispatch  of  busi 


ness, 81  I  Duties, 


District  Courts,  (continued.) 

interchanges  to  be  entered  on  the  records  of 

the  courts, 255 

actions,  Ac,  under  the  patent  laws,  cogni- 
zable ill 141 

power  to  grant  iDJ;:nctions, «, .:>,...  141 

jurisdiction  of  district  court  in  Ariaona  ter- 
ritory   245 

in  Cfr^ain  Indiiin  territories, 271 

to  bo  bcld  semi-annually  in  each  year,...  272 

when  to  be  held,.*. 272 

terms  of  court;  when  to  commence,. ...272-273 

jurisdiction. 27.3 

practice  in  civil  and  criminal  cases,... 27?>.  274 
proceedings  to  be  in  the  English  language,  274 
validit.yand  authentication  of  proceedings,  274 

contingent  expenses  of  court?, .'. 275 

laws  regulating  the  powers,   <tc.,   of  the 

district  courts  to  apply  to, 274 

effect  of  judgments  and  decrees, 274 

common    law   and   stiitutes  of  England, 
made  prior  to  July  4,  1776,  to  govern 

in  each  district, 274 

Docks, 

provision  of  Constitution  as  to  places  pur- 
chased for  dock  yards, 15 

Domestic    Violence, 

each  State  protected  against,. 21 

Donations, 

appropriation  of  the  fund  received  into  tlie 

treasury  from  donations  by  churches, 212 

'  Draftsmen, 

employment  of,  in  the   Post-Office  Depart- 
ment;   siilary, 57 

in  the  .Navy  Department;  salary, 240 

;  DriUmaffters, 

to  bo  honorably  discharged, 214 


cxclusijo  cognizance  of  crimes  and  offences,     81 

laws  of  the  United  States  in  regard  to 
crimes  and  offences  and  the  practice  in 
crioiinal  cases,  to  form  the  rule  of  prac- 
tice and  decision  in, 81-82  / 

what  to  be  the  rule  when   there  is  no 
such  law 82  I 

in  what  civil  causes  to  have  original  cogni- 
zance,      82 

always  open  for  the  tiling  of  libels,  peti- 
tions, Ac 82  , 

transfer  of  records  to, 84 

proceedings  on  unsatisfied  judgments  of  the 
circuit  and  district  courts  of  the  United 
States, 85 

to  carry  into  effect  unexecuted  judgments, 
Ac,  of  the  supreme  court  of  the  United 
States  remaining  iu  force 86 

empowered  to  execute  judgments  of  the 
UniKid  States  courts  in  criminal  cases,...     8l'> 

indictments  found  in  any  of  the  United 
States  courts,  to  bo  heard  and  determined 
in  the  district  courts  of  the  Confederate 
States, 81' 

have  full  authority  over  warrants  or  other 
process  in  criminal  cases  in  United 
States'  courts 8(1 

specifil  jurisdiction  of  district  court  held  r.t 
the  seat  of  gov..rnmcnt,  of  crimes  and 
oficnces  commiitcd  by  public  officers  and 
of  suits  on  their  official  bonds, 8ft 

esclutivo  original  cognizance  in  the  case 
of  all  captured  vessels,  goods  and  effects,  1 02 

when  the  cnurt  may  decree  restitution, 
damages  and  coals, 102 

judges  m;iy  interchange  with  each  other 
temporarily, 255 


authority  of  Congress  to  estiiblisb, 14,  15 

duty  on  tonnage, » 17 

articles  exempt  from, 28,  ?8   71',  1'53 

laws  imposing  discriminating  duties  on  ton- 
nage   repealed, r^ 

on  raw  cotton,  exported, i'> 

the  duty  on  cotton  pledged  for  the  payment 
of  the    loilii   under   the  aet  of  February 

28,  18G1, i'-' 

when  the  duty  to  ccaso 4:' 

materials   for  the   construction    of  certain 

telegraphic  lines  admlrted  free  of  duty,  5"-'>4 
on  commodities  bona  fith-  purchased  or  con- 
tracted for,  on  or   before   the   18th    Feb. 
1 8(11,  within  the  United  StAtcs,  remitted,     68 
books,    Ac.,    published    by  any  church    or 

benevolent  society,  cxsmptcd  from  duty,.     69 
facts  entitling  a  pir  y  to  t-ho  benefit  of  this 

act,  to  be  cstabliRhcd 69 

ad  valorem  duty  of  15  per  cent,  imposed  on 

certain  articles  impvnted 69,  1.15 

when  a  greater  rate  <'f  duty  has  been  paid, 

tho  dxcess  to  be  rcl'unde.d, 135-136 

merchandi.-^c  imported  may  bo  entered  and 
have    iTausit   through    the    Confederate 

States,  free  of  duty 70 

the  act  of  Feb.  28,  1861,  g  3,  exempting 
State  of  Texas  frnm  tho  operation  of  tho 
tarift"  laws  repealed,  and    tho  tariff  laws 

to  apply  to  said  State. — 70 

deduction  allowed  of  duties  on  goods  cap- 
tured and  made  Lawful  prizes, 103 

tariff  of,  imposed  on  goods,  Ac,  imported,  127-133 

goods  exempt  from  duty, 13:<-#v(4 

non-enumerated  articles  bearing  a  similitude 
10  articles  enumerated,  chargeable  with 
the  duties  on  tho  latter,    131 


XVIU 


INDEX. 


Duties,  (continued.)  ^ 

nhna  the  refeuiblanco  is  to  two  or  more  ar-  <; 

tiuk-s 134 

duty  of  tiMi    per   eeut.»  on  all    articles   not  > 

enumyr.itcd  ami  classifieil, 134  / 

01)  gooda  i^    public  stores  sis  unclaimed^  or  / 

iu  wardiOu-e  under  bond.-* 135;! 

deci:itrn  of  collector  as  to  liability  to  or  ex-  ' 

einpti'i;!    I'roiu    duty  of  jro'xls    imported,  ^ 

final     and    conclusive    unless     appealed  / 

from il"3  '/ 

appeal  allowed  to  ftecre  ary  of  the  Treasury,  135  ^ 
invoice  value  of  impor:s  may   be  raised  to  { 


49 


the  Iruennarket  value, 135  ;;  Enlisinnut. 


Enr/iiieers,  (continued.) 

pay  of  ofiiocr.«, 

clerks  in  bureiiu  of;    their  salarie.-', 52,  195 

corps  of,  increased, 115 

aijpointmeut  of  oiBcers  of  engineers   in  the 

provisional  army, ' 237-2.38 

number,  rank  aa-i  pay, ;  238 

when  appointments  to  expire, '2ZS 

Eiujlisli  Laufitiriije, 

proceedings   in    all   the   courts  of  Arizona 

Territory  to  be  in, 246 

also  iu  the  'iislrict  courts  of  certain  Im'ian 
Territories,^ .". 2^ 


addition  ofeo^tsauJ  charges, 13.^j  ' 

_  dutiable  v.ilue  of  imports  to  be  appr.iiscd,..  135  i 
extra  duty  !o  be  paid  if  the  appraised  value  / 

V    exceed  by  ten  [vor  cent.,  or  more,  the  value  ', 

deciar  (1  on  entry, ]?5  ' 

import?  from  certain  States,  exempted  from  \ 

duty, „ \W, 

the  tariii"  act  and  comparative  statements  of  ' 

the  rates  i>f  duty  under  certain  tariffs,  to  f 

be  printed, '. 1(55/ 

acL  tt  iJlay    21,    lb6l.  to    provide   revenue  / 

from  imports,  amended, 171  ^ 

Election»,  > 

Congress  under  provisional  Constitution  to  ) 

pre-cribe    time    for    holding   election    of  j 

President  and  Vice-President,  ueetiiig  of  J 

the    elect'irs,  &c.,    and    time  for    holding  '/ 

first  election  of  members  of  Congress,....     22  ', 
of  members  of  the   House  of  Itepresenta-  ( 

tive.s 122 

of  Pfcsideut  and  Vice-President 122  J 

•when,  electo  s  to  meet  and  cast  their  votes  ;  / 

to  make  out  lists,  certify   and  forward  I 

the  same, 122/ 

of  speaker  of  the  House  and  preoidcut  pro  / 

tent,  of  the  fc'enate, 122  '/ 

opening  of  certificates  and  couutiog  votes,..  122  / 

of  Csenyiiois  to  First  Congress, 1S7-188  / 

of  members  from  Missouri  to  the  House  of  / 

Keprtseutative.s, ...221-222  ', 

of  memberj  from  Kentucky  to  the  Hous^,  226-227  l 
as  to  tleenons.  of  officers  in  Arizona.     See  ] 

Arizona  Territory.  \vaA, 243-244  ^ 

act  of  January  22,  1802,  requiring  the  elee-  ^ 

,     tion  of  field  and  company  otiicers  by  regi-  I 

ments   and   coUfpanies    not   to   apply   to  / 

comjianies,  &c.,  raised  under  fourth  sec-  / 

tion  of  said  act, 258  > 

Electoral  Vote<i,  > 

carritrs  of,  allowed  mileage  and  pay, 224  t 

custody  of  the  returns  >«ind   certificates  of  / 

tht?  votes, 237  / 

Electors  fur  I'resideut  and   Vice-Prenideitt,  ') 

their  uun-.ber;  how  appointed, 17^1 

who  Cannot  be, .• 17  '> 

how  and  vvhere  to  meet,  and  choice  of  Pres^i-  \ 

dent  and  Vice  President, 17-18,  22  ;; 

election  or  appointment  ol, 122  ^ 

when  lo  meet  and  cast  their  votes, I;i2  ^, 

tc  make   out   lists,  certify  and  iorward  the  ^ 

same, 122  ; 

opening  C-Ttilicates  and  couutiug  votes, l.;2  ^ 

ru'.es  a-  to  number  of,  in  the  States, 123  / 

eastody  of  the  returns,  .Ac,  of  the  voles,...  237  <; 

Eiiihezzleiueiit,  '/ 

of  money  received  under  the  sequestration  / 

act;    huw  punished, 205  / 

E0f)iiiners,  ^ 

coips  of;  of  whom  to  consist, 47  ^ 

ofiicerj? 47  ) 

duty  of  eolontt, , 48  ' 


ot  additional  seamen  for  the  war, 223 

ru-or;;avii7,ation  of  troops  re-enlisting  at  the 
expiration  of  iheirpreseatterm  of  service,  223 

lor  companies  reduced  by  casualties, 226 

persons  may  be  appointed  as  field  officers  or 
captains  to  rai^e  regiments,  squadrons, 
battalions  or  companies;......    248 

enlistments  under  tbe  eomuiission  of  cap- 
tains <iot  obligatory  unless   the  number 

be  suni,eient  to  constitute  a  company, 249 

Error,     tjee  Appeal,   Writ  of  Error  and  Siqjer- 
nedcds.  '  * 

what  errors  may  be  assigned  in  the  supreme 

court  as  a  ground  of  reversal, 84 

Evans,  Bri(judie.r  Gt)ieral  N.  Cf., 

thanks  of  Congress  to,  and  his  command,..  2>1 
Eiideuce., 

deposiiixig  to  perpetuate  testimony 78 

mode  of  proof  iu  trials  at  law  in  the  dis- 
trict courts, 79 

parties  may  be  required  to  produce  books  or 
writings  which  contain  evidence ;  judg- 
ment in  case  of  fai  ure, 79 

rules  of,  in  criminal  cases  that  obtain  iu  the 
United   States    courts  to   prevail  in    the 
'  Confederate  States  courts, .*..; 82 

no  new  evidence  to  be  recei-wed  ia  the  su- 
preme court, S3 

copies  of  records  and  papers  pertaioing  to 
judicial  proceedings  iu  the  circuit  or  dis- 
trict courts  of  the  United  States,  within 
any  of  the  States. of  the  Confederacy,  ad- 
missible in  evidence, .' f^^4 

copies  of  records,  books,  papers  or  draw- 
ings and  letiers  patent  in  Patent  Office, 
competent  as  evidence 136-137 

Commissioner  of  Patents  to  prescribe  rules 
for  taking  evidence 145 

evidence  taken  in  suits  iustituted  in  r^be  cir- 
cuit or  district  courts  of  the  United  States 
recommended  in  the  State  courts  of  the 
Confederate  States,  to  bo  read  ou  the  trial 
in  the  State  courts, 151 

clerks  ot  the  district  courts  of  the  Confed- 
erate States  to  transmit  -such  testimony 
to  the  clerks  of  the  State  courts, 152 

perpetuating  testimony  in  cases  of  slaves 
abducted  or  harbored  by  the  enemy,  and 
of  other  property  seized,  -wasted  or  de- 
stroyed by  them, 207 

evidence  to  be    filed  and    preserved  in 

the  State  Department, „ 207 

evidence  admissible  in  cases  iustituted  by 
John  D.  Morris,  of  Kentucky,  under  au- 
thority of  resolution  if  Dec.  16,  18(Jl, 
appointing  him  receiver  under  the  se- 
questration act, 282 

testimony  in  proof  of  claims  lor  money 
against  the  Con  federate  States,  and  of 
eiti/.cns  of  the  Confederate  States  against 
the  United  btates, 199 


INDEX. 


XIX 


Examiner  of  Pate»t»,  , 

iipijointuieut 1S6  ; 

C()iu[<bQtiation ' 13t),  145  ] 

di.-((ualiliud    from    tdkiu^   any    iptcrcst   in  ' 

pateois, 13C  < 

aitpoLitment  of  assistant   examiner  of  i)a.t- 

euts.     His  siilary, .'.  199  < 

Exccutiou«,  \ 

lien  of. 79  i 

conflic;-   beiweoij   levies  of,  Irom    the  Stato   •       i 
and    Federal   courts;    the   first  to   have  ' 

priority,.. 79  ', 

when  exocutiDH  may  isMie  on  Jucigiu>'nt,....     80  J 

in  causes  re;uoved  t>  the  siipronjo  court  by  I 

writ  of  error,  to  issue  from   the   district  ; 

court, S3  ; 

may  issue   on  unsatisfied  judt;meuts  of  tlic  ; 

circuit  and  distriot.  courts  of  the   United  ; 

States 85  • 

execution    of    all   judf^uients   rendered    in  \ 

favor  of  tbo  United  Sl.ate.-i,  suspended,...     85  ( 

sci/.iiro   on    exoeulions,  made   in    bolialf  of         > 
the  Unitf^State.'.  declared  void 85 

where  there  Ve  twocr  moie  divisions  of  the  i 

district  ciiiirt  iu  a  State,  c.\e'U!ions  may  j 

be  executed  iu  any  part  of  the  State,.,,.     80  \ 

in  cases  instituted  under  tho  act  for  the  se-  \ 

quo&tration  of  the  property  of  alien  one-  \ 

^     mies 264.  265  ; 

may  be  awarded  in  vacation  where   debtor  ; 

is  fraudulently  concealing  or  disposing  of  ; 

his  eftocti" ." .•.,.  255  \ 

hjxei-.utice  Build i7i;/i>, 

.executive  mansion  to  be  leased 93 

payment  out  of  contingent  lund  tor  work 
done  and  furniture  for, 161 

Secretary  of  the  Treasury  to  sell  tho  unex- 
pired lease  of  the  President's  house  and 
buildings  used  for  the  Departments,  &c., 

at  Muntgomo.y, ; 165 

Exporli, 

Congress  to  Irfjr  no  duty  on  articles  exp'jrtcd 
from  any  State,  except,  &c y/ 15 

■a.s  to  a  Mate's  layin;:  duty  on, 16-17 

export  of  cotton,  cxceft  through  the  sea- 
ports of  tho  Confederate  States,  prohibit- 
ed,  152-153 

exportation  i>f  cotton  to  Mexico,  allowed,...  153 
Et   Pont  Fucio  LdVW, 

not  to  be  passed  by  Congress, 15 

Express  C'ltiipnuies, 

allowed  to  carry  letters  and  other  mail 
matter, 67 

regulations  concerning  tho  pre-p,iymeot  of 
postnge  on  letters,  Ac.  sent  by, 67 

oath  of  agent  of  Express  com]>any, 67 


F. 


of  custom-bouso  ofRccra 28 

of  office  of  Secretary  of  State, 30 

of  marshal  ana  clerk  of  court  of  admiralty 

at  Key  West.  Florida, 60 

of  conimcrcial  agents  or  consuls, 65 

of  attorneys  of-  the  Confederate  States, 67-68 

of  commissioners  of  distr'ct  courts', 79,  209 

of  clerks  and  marshals  of  district  courts,...     78 

of  clerk  of  the  supreme  courts, 83 

Hnder  the  law  for  the  granting  and  issue  of 

patents, 137,  1311,  141,  146,  147,  251 

discrill; inatioi)  between  persons  in  regard  to 

Patent  Office  fees, 147 


Feet,  (continued.) 

fees  paid  by  mistake  may  be  re-paid 'out  of 

the  pateiitfund, 144 

allowed  clciks  of  di.-trici  courts  lor  trans- 
mitting testimony  in  certain  c.ises  to  the 

clerks  of  the  State  cour  s, ., 152 

of  eUrks  of  district  couris    in    copy-right 

cases. 158,  159 

for   recording  oalhs  of   naturalization 

and  indexing  same, 190 

of  clerks,   marshals  and  district  attornej-s 

in  admiralty  cases ? 195 

of  officers  of  court  for   services    periorincd 

under  thxj  sequestration  act, 206,  263,  266 

of  witnesses  anil    commissioners   appointed 

to  take  testimony  under  said  aci 2-6 

of  clerks,  marshals  and  attorneys  of  dis- 
trict courts  in  certain  Indian  Teriitories,  2»2 

compensation  for  extra  services, 272 

Felony, 

how  punished. 274 

Finen,  Fi'}-/'  ilttren  and  Pmaltim. 

oxi  cssivc  tines  not  to  bo  imposed 16 

penalty  lor  forging,  or  counterfeiting  trcas* 
ury  notes  or  i:ttering  or  publi.-hing   any 

such  forged  or  counterfeited  note,...". 183 

penalty  for  forgiig  or  ciuoterftiiing  cer- 
tificates of  ins  rib  '.d  stock 1^1-192 

penalty  against  fiduciaries  for  failure  to  give 
inlVirtnation  and  render  account  to  receiv- 
ers of  )>ropertv  of  alien  enemies 201-202 

penalty  for  violnting  the  act  cstablisliing 
rates  of  postage  on  new.-paper.s  &c.,  sent 

to  dealers  therein, 211 

Floating  liiUtcri'c8, 

rights  and  privileges  conferred  on  inventors 

of. 150 

Flonling  Deff.nccn, 

for  the  prattction  of  the  Mississippi  river,,.  H'S 

appropriation  for, 239 

Florida, 

treasury  notes  to  be  issued  to  re-i;nburie 
her  for  money  expended  in  arming,   &e., 

troops  of  the  Confovlerate  States, 210 

Forofje, 

allowance  of;  how  fixed  and  furnished 50 

allowed  officers  of  the  army  in  time  of  war,     50 
■    allowed  officers  of  tho  army  in  tiine  of  peace,     60 
aids-de-camp  and  a.^jutants  allowed  forage 

for  horses, 126 

Foreign  Coins,  fj^ 

to  pass  current  as  money  at  certain  rates,  63,  193 
Foreign  A^adous, 

additional  commi-'sioners  to;  their  pay  and 

emoluments, 185 

to  w4iat  nations  the  commissioners  now  in 

Europe  to  bo  accredited, 185 

Forgery  and  ConnUr/iitiug, 

of  postage  stamps, , 35 

making,  using  or  possessing,  forged  or  coun- 
terfeited dies,  plates,  &e 35 

of  treasury  note',  bonds  or  coupons 66,  182 

making  or  engratiug  plates  to  be  used  in 
forging  or  counterfeiting  treasury  notes, 

Ac  , .' 5f),  183 

uttering  or  publishing  fis  true  any  counter- 
feit treasury  note,  bond  or  coupon, 56,  183 

of  certificates  of.  ttock,  bonds  or  coupons 

issued  under  the  act  of  Fob.  28,  1861, 56 

of  certificates  of  inscribed  stock,  191-192 

Former  Arqniltol,       '^ 

constitutional  provision  as  to, 16 

Fortfi,  Arsen'iis,  Nary   Yards,  etc., 

provision  of  Constitution  as  to, ...     1^ 


XX 


^INDEX. 


Forts,  Arsenals,  Navy  Yards,  etc.,  (continued.) 
questions    between   the  States  of  this  Con- 
federacy and  the   United  States  relating 
to,  taken   under  tlio   chirgo  of  the  Con- 
federate 'government, , i)l 

cession  of,  bj  the  ^'states,  recommended  by 

Congress, .*.., 94 

President   to   take  charge  of  the   property 

ceded, 95 

r'yiaikiiig  PrivUcf/c, 

abolished, 35 

exception  iu  ffvor  of  certain  officers  in  the 
Post-Office  Department,  and  deputy  post- 
mas  ers,  • 35,  110 

Free  Ncgroei, 

captured,  not  to  be  given  up, 278 

Fuel, 

allowance  of;  how  fixed  and  furnished, 50 

may  be  commuted, .a , 50 

Fugitives  from  Justice, 

provisions  respecting  in   Constitution, 20 

Fugitive  JSlnves, 

provision  respecting  in  Constitution, 20 

Funds, 

tendered  bj'  State  of  Louisiana,  accepted,...     94 
disbursement   of  contingent,  fund  of  Con- 

jgress, 95 

transfer  of,  from  the   Quartermaster's   Dc- 

partinent  to  the  Ordnance  Depaitment,...  256 
arrangements  for  tb'e  transmission  of  funds 

of  the  Confederate  States, 208 

Secretary  of  the  Trea^^ury  authorized  to 
transfer    funds    in    the    hands    of    any 

foreign  banker, 279 

Furloughs, 

furloughs  with    transportation   granted   to 

iwelve  months'  men  now  in  service, 223 

when  to  be  issued, 223 

length  of  furlough, 22S 

what  may  be  received  in  lieu  of  furlough,...  223 

to, what  troops  act  to  apply, 223 

allo'-ved  to  State  troops  who  re-enlist  in  the 

service  of  the  Confederate  States, 256-257 

Fa  niture, 

sale  of  furniture  turned  over  by  the  com- 
'  mittee  appointed  to  revise  the  laws  of  the 

United  States, 157 

sums  for  which  the  furniture  of  the  Con- 
gress, at  Montgomery,  and  of  the  said 
committee,  sold,  toAe  placed  to  the  credit 
of  the  coiitiugent  fund  of  Congress, 214 


G. 


Garniahvj^eni, 

writs  of,  under  sequestration  act, 204,  264 

power  of  court  to  condemn  property  or  debts 
according    to  answer,  and   to    order    the 

bringing  in  of  third  persons, 204 

•   judgment  of  the  court  to  protect  garnishees,  204 
how  receivers  may  test   t&e   truth  of  gar- 
nishee's answer, 204 

answer  of  the  defendant;  what  to  set  forth,  204 
'If.ncral, 

rank  of  general  established  as    the   higcst 

military  grade, 115 

assignment  of  general  officers  to  command. 

Their  pay  and  allowances, 115 

appointments  to  the  rank  ef,  to  be  made  by 

selection  from  the  army, 115 

uold  and  Silver, 

nothing  else  a  legal  tender/..,., 16 


Goodx,  Warts  and  Merchandize, 

collectors  of  customs  to  take  possession  of, 
and    sell"  unclaimed    goods,    wares    and 

moichandizo, 187 

Governvicnt, 

character  of  the  government  established  by 
the  Constitution, 1,  21 

officers  appointed  by  the  provisional  govern- 
ment to  remain  in  office, 21 

act  to  put  iu  operation  the  government  un- 
der the  permanent  Constitution, 122,  268 

relinquishment  on  the  part  of  the  govern- 
ment of  its  share  in  certain  vessels,  &c., 
taken  in  the  Chesapeake  b.iy  by  Captain 

Ilollins, 271 

Governor  of.  Arizona, 

as  to  appointment,  powers,  duties,   &c.,  of. 

See  Arizona  Territory,  and 242,247 

Grand  Juries, 

presentments  and  indictments, If- 

summoning  and  impanneling  of, 81 

what  law  to  govern  their  proceedings, 81 

act  for  the  sequestration  of  th^property  of 
alien  enemies  to  be  given  specially  in 
charge  to, 202 

receivers  to  take  copy  of  report  of  grand 
juries  and  possession  of  property  report- 
ed, and  sequestrate  the  same, 202 

Gunboats, 

construction  or  purchase  of,  for  coast  do- 
fence,  65,  195 

tonnage, C5 

Secretar)'^  of  the  Navy  may  contract  for 
building  of,  &c.,  without  advertising  for 
proposals ,. 195 


H. 


HaheUa  Corpus.  ' 

writ  of,  not  to  be  suspended, 15 

writ  of,  may  be  issued  by  the  district  and 

supreme  courts,  and  the  judges  thereof,...     78 
not  to  extend  to  prisoners  unless  in  custody 
under  the   authority   of  the    Confederate 

States, 78 

the  supreme  and  district  courts  of  Arizona 

territory,  may  issue  writs  of, 245 

High  Sens, 

power  of  Congress  to  define  and  punish  of- 
fences on, , 14 

Horses,  ■ 

allowance  for  the  use  and  risk  of, 46 

for  horses  killed  in  action,. 46 

purchased  by  Col.  A.  W.  McDonald  for  the 

army,  to  be  p2.id  for, ., 185 

Hospitals.     See  Marine  Hospitals. 

appointment  of  surgeons  and  assistant  sur- 
geons for, 176 

employment  of  laundresses  in  military  hos- 
pitals,   222 

Hospital  Stewards,- 

may  be  enlisted  for  the  medicul  department,  115 

pay  and  allowances, 115 

House  of  Representatives, 

members  of;  how  and  by  whom  chosen,..;.,  11 
qualifications,  appointment  and  number,...     11 

vacancies,  how  tilled, 12 

shall  choose  their  officers, 12 

shall  have  sole  power  of  impeachment, 12 

shall  judge  of  elections,  <fco.,  of  members,..  13 
quorum,  adjournment,  rules,  journals,  &e.,..  13 
compensation,  privileges,  disqualifications,.,    IS 


INDEX.  xxi 

House  of  Ilepraentativee,  (continueti.)  Indians,  (coa'inue"1.) 

member   cannot   be   appointed   presidental  as  to  disposition    made   of  captured  negro 

elector        .    ; 17  slaves,  belonging  to   certain    hosiile  Ic- 

tooriginatTrevJnucbilLs"""//""//^/^^^^^^^^^        13  ^'a°s.     See  *V.»c*,  and 278 

two-thirds  pans  bills  over  Pre^iacat's  veto,..     VA   '.  payment  of  certain  Indiun  troops, 23» 

boundby  oath  to  support  Constitution, 22  '  allowance  in  lieu  of  clothing, ti^S 

election    of  memhers    of,    to    tie    Congress  \  accounts  of  acting  commissary  aud  quarter- 
under  (he  permanent  Constitution, 122  <  masters  of  Indian  troops;  bow  settled  and 

when  to  assemble  at  the  se'it  of  go vernmeut,  122  <  paid, z3!i 

election  of  a  Spdiiker  of  the  House, 122  ae*>ts    incurred    or    moneys    advanced    by 

number   of    reproscntatives    to    which    the  •  them;  by  whom  to  be  paid 238-230 

States  of  Virginia,  North  Curolina:,  Ten-  >  indemnity  to  the  States  against  loss  on  ao- 

nessee  and  ArkansaS>are  entitled, 122.  count  of  the  transfer  to  the  Contederate 

basis  of  repre.ventatiou, 123  \  Sti.tes  of.  lu.ids  beloiiging  to  Indian  tribes,  2S3 

election  of  members  from  Missouri, 221  .  Indiclmenls  and  In/orniatiuns, 

number  of  m-mibers  Kentucky  entitled  to,...  226!  indictmt'nts    found   in   any    of  the    UniteA 

election,  Ac,  of  members .>»...  227  ;•  [States  conns,  to  be  heard  and  determmeu 

election  of  delegate,  from  Arizona  territory,  217  '  in  the  district  courts; 86 

,         :  Iiifantrji, 

regiments  of ;  of  whom  to  consist, 48,  IM 

T  '  pay  of  officers, \\) 

Injunction, 

writs  ')f,  may  be   issued  by  the  district  anci 
'impeachment,  supreme  courts,  and  the  judges  thereof,...     1^ 

under  the  Constitution, 12  ^  to  prevent  the  violation  of  the  rights  of  in- 

House  of  Representatives,  sole  power  of,...     12  ■  ventore, 141 

Senate,  sole  power  to  try, 12  \  in  copy -right  cases, 159,  I'jy 

proceedings  in  trial  of, 12,20  '  Iwjuriet, 

when  President  is  tried, 12  ;  suits  for  the  recovery  of  damages  for  inju- 

jiidgment  and  sentence  in  cases  of, 12  '>  ries  on  account  of  acts  done  for  the  pri'- 

thosc  convicted  still  li;ible  to  indictment,...     12  J  tcction  or  collection  of  the  revenue,  to  be 

President  cannot  p:irdon  in  cases  of, 18  ',  in  district  court, 168 

ImportalioH,  ■  .  ■  Ini^rihed  Stock,  .       .  , 

of  negroes,  forbidden, 16^  certificates   of.    may   be   issued   m    lieu  ol 

laws  prohibiting   importation   of  goods   in  coupon  bonds 191 

vessels  belonging  to  foreigners  ;  repealed,     38/  forging  and    counterJeiting  of   certiticates  ; 

laws  prolybiting  the  importation  of  liquors  '  ^^^^  punishedj 191-132 

except  in  casks,  Ac,  repealed, 44  '  ''»'c'"«*'> 

also  laws  requiring  sugars   to  be  imported  ]  rate  of,  allowed  on  judgments,. 80 

in  certain  ves.^els  and  packages, 44  J  appropriation  to  pay  interest  due  the  banks  ^ 

merchandise  imported  may  be  entered  and  '/  "^''  J^emphis, ^yj 

have  transit  free  of  dutv 70  -;  "'c  of  ii.tcrcst  to  be  paid  by  debtors, i;C5 

'  .  >  Internal  Improve ■iients, 

pipor  8,  ,r,K    -ioj  '  power  of  Congre^'8  to  appropriate  money  for,     14 

tariff  of  duties  on, 127,  134  >  r  ,    '  ,.  .  ,.„  ^  ''     '  •'       ' 

invoice  value    may    be   raised   to    the  true                    appointment  of,  for  districts  in  Indian  ter- 
market  v^vlue . .,  l^^^^^^;      ^^2 

addition  ot  costs  and  charsies,...  loo  ,•  „„„„„„  .„iw,„  oio 

J    ,.   ,,        ,         ...  »    5  u  -J        loc^  compensation, 272 

dutiable  value  o(  imports  to  be  appraieed,...    135  <  ,        ■ 

.  ,        1    .     .     u  -1  Tj-  5  Invasion, 

when  extra  du  y  to  bo  paid,        13o  ^^^^^  g^^.^  protected  agnius. 21 

from  certamfctatos  exempted  from  duties...  164     ^,^^,^,,,^^^      See /'o^c.r.. 

act  of  May  21,    18<>1,   to  provide   revenue  ;  privileges  conferred  on   inventors  of  arned 

from  imports,  amended, 1.1;  t'  ^^^^^-^^^  fl^^^i^^,  batteries  or  defences, 150 

imprisonment,  $  Iron, 

laws  of  the  States  abolishing  imprisonment  >  disposition  of  certain  railrcad  iron  intended 

for  debt,  and  providing  relief  for  debtors  ',  for  the  Memphis,  El    Paso  and    Pacific 

held  in  custody,  to  have  effect, 81  J  railroad  company, 153-!&4 

Indian  Affairs, 

bureau  of,  established, 08  ; 

commissioner  and   cleik   to   be  appointed.  J  J^ 

Their  salaries, 68^ 

Indians.     See  l^entief.  '/ 

appropriations  to  Indian  tribes  under  treaty  /  Jails, 

stipulations, 232-237  i  when  State  jails  may  be  used  by  the  courts 

also'for  contingencies  of  office  of  sufjerin-  )  or  marshals  of  the  Confederate  States,....     86 

tendent    of  Indian    Affairs,    and   Indian  'i  Johnson,  Colonel  Fdirard, 

agencies, 237  >  thanks  of  Congress  to,  and  his  command,...  252 

appropriations  may  be  paid  in  coin, 237  )  Johnston,  General  Joseph  E., 

moneys,  bonds,  Ac,    belonging   to  certain  \  thanks  of  Congress  to,  and  bis  command,..  212 

Indiun   tribes,  of  which   the  Confedcrato  {  Joint  Obligations, 

Government  is  the  custodian,  to  bo  do-  j  suits  on  joint  bills,  bonds,  notes  or  obliga- 

positcd  in  the  treasury, 239-240  (  tions, 77 

Secretary  of  War  may  driw  his  requisition  <  Journal  of  Congress, 

for  moneys  deposited  in  favor  of  tha  In-  }  extract  from,  of  vote   on   the  question  of 

disns, 240  f  adoption  of  the  Constitution, 23 

29 


xzn 


I]S*DEX. 


Journal  of  Conijrcso,  (contiDue(1.) 

copies  to  ba  made  of  ihe  journal  of  the  pro- 
visional Congress, 277 

vcriiiciition  of, 277 

Low  disposed  of, 277 

ivtiere  original.-*  to  be  duposittd': 27 1 

cojiJBS  and   originals    to    bo   jyeservcd 
with  their  seals  unbroken, 277 

Jud[/C8, 

judges  of  S  ates  to  be  bound  by  Constitu- 
tion of  Confederate  States  and  laws  in 
pur.aiance  thereof,.,. 19 

of  court  of  admiralty  at  Key  West,  Florida,     60 

whereto  reside, 60 

may  uppjintan  attorney, 61 

grant  licenses  to  wreckers,    61 

"of  the  tlistiict  courts;  v/here  to  reside;  their 
salarit-s, 7j 

when  aistriiH  judge  of  Louit^iana  required 
to  hold  his  court  out  of  New  Orleans......     77 

may  Exi^point  comuiissiouers  to  administer 
oath.';,  take  deposiiions,  <fec., 7S-79 

one  dit^trict  judgefor  theStaic  of  Tennes.  ee,  224 

as  to  ;ippoi:Uuient,  powers,  salaries,  itc,  of 
chief  and  associate  justices  of  Arizona. 
See  Arizona  territory,  and 246 

for  we.'fcrn  district  of  Texa.-, 127 

for  the  district  courts  of  Virginia, 119 

for  the  district  court  of  Arkai  sas, 152 

when  judge  of  district  court  cannot  sit  on 
tria!  ;  proceedings, 155-156 

Vflicn  disiriet  judge  may  appoint  an  attor- 
ney pro  tenqyove, t 157 

juugc  of  district  of  Texas  assigned  to  e;i st- 
ern district  of  said  State, 161 

to  give  specially  in  charge  to  grand  juries 
the  act  for  the  sequestration  of  the  prop- 
erty of  alien  enemies, 202 

of  dis  rict  courts  may  interchange  with 
each  other, 255 

decisi'.ins  of  judges  presiding  by  such  in- 
terchange made  valid, 255 

appointment  of,  in  Indian  territories;  where 

to  reside  ;  tf  rm  of  oflBce, 272 

Judffmems  (uid  Decrees, 

lien  of, : 79 

amount  for  which  judgments  may  be  ren- 
dered in  suits  on  bonds,  Ac,  for  penalties 
or  breach  of  covenant, 80 

when  turn  for  which  judgement  is  rendered 
is  UEcertiiin,  the  same  shall  be  atsosscd 
by  a  jury, .'■tl 

how  mistakes  in,  am'euded, ^ ^" 

damages  allowed  on  affirmance, HI 

effect  o!",  of  any  State  court,  rendered  since 
the  secession  of  such  State, 84 

effect  of  unsatisfied  judi:ments  of  the  cir- 
cuit and  district  courts  of  the  United 
States, 85 

proceedings  therein  m  the  district  courts  of 
the    Confederate    States   by  execution  or 

'    otherwise, , ;...     85 

execution  of  all  judgments  in  favor  of  the 
United  States,  su-peudtd, 85 

in  eases  jiending  in  the  supreme  court  of  the 
Unireil  States  not  transferre'd  within 
twelve  months  to  the  suj  reme  court  of  the 
Ciuifcdiiate  States,  deemed  final,  and 
afiiiiricd 85 

district  ciurts  and  their  officers  to  carry 
into  vfl'ei  t  cerlain  unexecuted  judgments 
or  decree-'  of  the  supreme  court  of  the 
United  btateF, £6 

effect  of  judgments  of  the  United  States 
courts  lu'cr-minai  case?, 86 


86 
265 


265 


Judgmenia  and  Decees,  (continued.) 

district  courts  empowered  to  execute  them, 

sequestration  of  judgments  and  decrees,, 

receivers  may  prosecute  judgments,  Ac,  in 

the  name  of  the  Confederate  States,  after 

decree  <;f  sequestration, ....,^ 265 

to  be  no  lien   on  the  property  of  debtors  to 

alien  euemies,.. 

judgments  and  decreesunder  the  actof  Aug. 
30,  1S61,  for  the  sequestration  of  the 
properly  of  alien  enemies,  incon3istent 
with  the  amendatory  act  of  Feb.  15,1^62, 

to  be  set  aside  or  amended, 26t> 

Judicial   Dintncts, 

each  State  to  constitute  a  ditrict, 6,  9,  75 

established  in  Texas, 127 

ia  Virginia, 149 

in   Arkansas, 152 

in  Tcune-ssee, 224 

'     in  Arizona, 247 

in  Ind  an  Territories, 271-272 

Attala  county,  iMississippi,  to  form  pa>t  of 
the  southern  judicial  district  of  said  Stale,  260 
Judiciary.     See  Judicial  Dintricis. 

powers;  how  vested, ; 19 

to  what  cases  extended, 19 

to  what  cases  not  extei;dtd, ;....     16 

tenure  of  otHce  of  judges;  their  pay, 19,  75 

original  and  appellate  jurisdiction, 

20,  77,  81,  82,  83,  86,  102 
trial  of  crimes,  ■«  here  to  le  held,  and  to  be 

l^yjuryv • • 20 

judicial  proeatdiugs  in  each  State  to  have 
full  credit  in  other  fctates. ". 20 

Juries, 

trial  by  jury  secured 16 

in  suits  at  commcn  law, 16 

petit  jurors  ;  their  qualifications  arid  exemp- 
tions,      SO 

wlcn  jury  may  be  summoned  of  the  by- 
standers,      80 

judge  of  district  court  to    direct   the    mar-    " 

sbai  as  to  the  summuning  of  juries, 80 

compensation  and  mileage  of  jurors, 80 

summoning    and     empaaneliug   of    grand 

juries ; 81 

trial  of  is.-ues  in  fact  in  the  supreme  court 

to  be  by  jury 8.3 

defendants  in  cafes  under  sequestration  act 

f-ntitltd  to  jury  trial, 203-2C4 

who  competent  to  serve  as  jurors  in  district 

courts  in  Indian  territories, 274 

how  jury  constituted  when  an  Indian 

is  tried 274 

juries  when  white  persons  are  put  on 

trial, 27-i 

attendance  may    be  compelled   by  at- 
tachment,   274 

nochalleEgo  of  juror  except  tor  cause,  274 
Jurisdiction, 

of  court  of  admiralty  at  Key  West,  Fla.,...     60 

of  district  courts, 19,  77,  81,  82,  102 

of  supreme  court, 19,  S3 

special  juristiiction  of  district  court  held  at 
the  seat  of  government,  of  crimes  and 
offences  committed  by  public  officers,  and 

of  suits  on  their  official  bonds, 86 

of   the   district   court   in  cases   under    the 

patent  laws, 141 

of  tbe  district  courts  in  Virgini:i, 149 

of  the  district  court  in  Arkansas 162 

of  one  district  court  to  extend  io  cases  re- 
moved from  any  other  district  court  when 
the  judge  thereof  cannot  sit  on  the  trial,  lf>4 


INDEX. 


XXIil 


Jurd'iiction,  (continued.) 

of  district  court  in  cases  arising  under  the 

copy-rigljt  law, 159 

of  district  i-oiirt  under  the  revenue  laws.....   108 
of  commissioners  under   the   sequestration 

act,.. 205 

of  the  courts  unler  the  same  act, 209-.2U6 

of  the    ourfs  of    Arizouii   Territory.     See 

Arizona  Territory,  iind, 2-i5-246 

of  the  ditrict  courts  in   Indian  territories...  273 
Jurors,     t-ee  Jitrit's. 
Jvs'.ive  Dep'irl;iie:if, 

csta'di.-'hed .^3 

prin'ipal  olHcor  of, ;'.3 

Assistant  Attorney  General  and  clerk 63 

messenger, 5'> 

.  clerical  force  in,  may  be  incireiised, h''t 

employmant  of  laborers 53 

disbursing  clerk  for  the  aepartment 110 

to    ])ro\-i<lc    accouiinoditions    for    holdinj; 

courts  and  to  furnish   books  for  records 

and  dockets, 156 

bills  and  resolutions  passed  by  Congress  to 

be  deposited  iu, 172 

appointineiil  of  law  clerk  in  ;  his  duties  and 

salary, 173 


K. 


KentKcl-y,  ^ 

admission  of, 222  ' 

number  of  members  eutiilad  to  in  House  of  \ 

Representatives, 226 

election,  Ac,  of  meojhers, 227 

Governor  to  certify  the  persons  elected 227 

appropriation    for  riiisiug   and   oru.inizing 

troops  in    and   supplying  the  same  with 

clothing,  iSc, 256 

Governor  to  make  estima'cs  belore  making 

rcquisitiots  upon  the  Treasury, 256 

John   D.   Morris,  of  K«!ntuckj%'  appointed 

receiver  under  seque.stration  act, 280,  282 

Key  Wet, 

court  of  admiralty  at, fiO 

jurisdiction 6tl 

rules  of  practice, 01 

writsand  process, CI 


L<iho)-cr.<>, 

pmploytnent  of,  for  the  dep:\rtmints, 5.3,  57 

com pensii lion 63,  67 

additional  laborers  for  the   Post-Ofiice   De- 
partment; compensation, 252 

Laundrcnnis, 

employment  of,  in  military  hospita's 222 

compensation, ' 222 

Lsac  Clerk, 

appointment  of,  in  Department  of  Justice,..  173 

duties, , ,  173 

pompensiifion, 173 

Laws, 

how  to  be  framed, 16 

power  of  Congress  to  punish  offences  agiiinst 

laws  of  niitions 14 

of  Confederate  States  the  supreme  law, 21 

judicial  jiower  of  Confederate  Statcsextends 

to  all  cases  arising  under  them, 19 

0/  the  Ci>ii/i:(ler(tte  S/otm: 
to  be  kept  and  preserved  in  the   State  De- 
part men  t, , 29 


Laws,  (continued.) 

publication  of 29,  39-10,  149,  15& 

to  tie  depo.-;ite"J  in  Dsp.'irtment  of  Justice....  172 

publication  in  the  public  gazettes 172,  277 

compensation  for  publishi.'ig 172,  277 

laws,  resolutions  and  treaties  to  bo  publish- 
ed at  the  close  of  each  session  of  Con- 
gress  .♦. 172 

bow  arranged 172 

number  of  copies,  style,  paper  and  biudicg,  172 

iiumbtr  to  be  bound ; 172 

index, 172 

printing  to  be  done  by  public  primer, 173 

biu'liiig  to  be  executed  by  contract, 17* 

superintoi  'dont  of  public  printing  to  iurnisli 

paper, , 173 

price  allowed  lublic  printer, .^ 173 

ciistribuilon  of  the  laws 173 

const itution   and   laws   extended   over   the 

territory  ot'  Ari-.ona, 247 

the  40tb  j  of  the  act  of  May  21,  18CI,  es- 
tablishing R.  Patent  Office,  repealed 250 

the  Ifith  g  of  thtt  act  of  August  30,  l.-Ol,se- 

qu(stra;ing  the  propertj'  of  alien  enemies, 

and  other  coTiflicting  provisions,  repealed,  266 

act  of  January  22,  18ri2,  providing  for  the 

raising  and  organizing  additional  troops 

in  Missouri,  repealed, ./....  277 

provisional  and  permuuent  Constitutions, 
and  the  acts  and  resolutions  and  treaties 
of  the  provisional  Government  to  bs  pub- 
lished in  one  volume 277 

volumes  published  to  bo  subject  to  the  act 
of  August  5,  1861,  except  as  it  regards 

paper, 277 

provisi-n  as  to  bindings 278 

0/  the  Unilid  States  : 
cevtain  laws  of  the  United  tJtatcs  continued 

in   foree, 27 

repugnant  to  the  uct  for  the  organization 
and  establishmout  of  the  army,  repeal- 
ed  5J-52 

for  the  regulation  of  the  mints,  ucidared  to 

1)3  in  force, , 02 

also  the  laws  in  rercrenco  to  coin  and  coin- 
age,   : 02 

not  inconsistent  wi  h  the  act  of  March  16, 
M^Ql,  providing  ior  the.  organization  of 
the  navy,  adopted, 75 

in  rigard  to  crime?  and  offences  and  tho 
practicaiu  criminal  ca?cs  declared  to  be 
in  force,  and  to  form  the  rule  of  practice 
and  decision  in  the  district  courts, .81-32 

this  provision  to  extend  to  the  rules  of  evi- 
dence and  mode  of  examining  witnesses,     82 

l«H-»  and  rules  of  court  in  admiral  y  cases 
to  have  Jull  force  in  ^he  courts  of  the 
Confederate  States 82 

appointment  of  committee  to  revise  the 
laws  of  ilia  United  States, 91 

relative  to  district  courts  of  Texas,  con- 
tinued in  force 127 

0/  the  Statei: 

to  be  the  rule  of  decision  of  the  courts  of  tho^ 
Confederate  States 77 

abolishing  imprisonment  for  debt  and  pro- 
viding relief  for  debtors  held  in  custody,     81 
Lcgiglutivf  Ftiu-cru, 

provision  in  Constitution, 11-1<J 

Levirs, 

conflict  between  levies  of  process  frcm  the 
Btate  and   Federal  courts;  the  first  levy 

to  have  priority 79 

L  I'cn, 

of  judgments  and  executions, 79 


XXIV 


MDEX. 


Lien,  (continued.) 

l.ixes  assessed  to  be  a  statutory  iien, 181 

property  of  collectors  bound  by  statutory 
lieu  for  taxes  rcceivcU, ISl 

lien  or  debt  claimed  against  an  alien  ene- 
my to  be  propounded  and  filed, '20Ci 

hm  on  tax  to  attach  from  date  of  asscjrs- 
in€*t,...'. 22i) 

V.  hen  judgment  or  decree  to   be  no  lien  on 

property  of  the  debtor, 2Go 

Li'jht-Hovite  liureaii, 

e?tablifhed, 47 

olTK-ers  and  their  .salaries 47 

N       L:;atters  under  the  direction  and  control  of,..     47 

chief  of,  to  divide  sea  coasts  into  district.*...     4  7 

icspcctor  for  each  district,.'. 47 

bi^duties  and  pay, 47 

12  .ly  assign  duties  to  officers  of  the  engineer 
corps  detiiileil  to  superintend  construc- 
tion of  light-houses,  &v., : -[7 

annua!  report  to  Secretary  of  the  Treasury,     47 
tiyhf-tfov^'-g, 

officers  of  engiucer  cm-ps  may  be  detailed 
:;o  superintend  constructiou  or  repair  of, 
and  to  discharge  otht-r  duties, 47 

on  ships  or  ve.^sehs, 7-5 

Low  often  to  be  collected, 75 

L''v:itnfion, 

of  action  or  prosecution  under  the  copy- 
right act, ; 101 

]jOCid  Deftnce, 

President  authorized  to  accept  volunteers 
for  the  defence  of  exposed  places  or  lo- 
calities, or  for  special  service, 186 

r.~iister-roll  to  set  forth  services  to  be  pur-   . 
formed'; 186 

■when  such  volunteers  considered  in  actual 
service 186 

pay  or  subsistence, ,  186 

bow  organized, > 186 

appointment  of  the  field  officers, 186 

houriiana, 

funds    tendered    by,    to     the    Confederate 

States,  accepted, ." 94 

Lii^:}hert0n    Guardt, 

Fresideut  authorized  to  discharge  the 
"  Lumberton  Guards,"  Company  D,  2d 
regiment,  North  Carolina  volunteers, 279 


M. 


AlaV.  lioutes.     See  Pa^t  Routes, 

mail  route  established  from  VermillionviHe 

to  Orange,, 119 

from    Groover's   Station,    Georgia,    to 

Monticello,  Florida, 189 

Mails.     See  Postal  Service. 

arrangements  for  the  transmission  of,  be- 
tween the  territories  of   this   and  other 

governments,  36 

transportation  of,  by  steamers, 44 

Poiflmaster  General  to  advertise  and  enter  in- 
to contracts  for  carrying  the  mail, 67 

convey^ance   of,  except  by  authority  of  the 

Postmaster  General,  prohibited, 60 

express  and  other  chartered  companies  may 
be  allowed  to  carry  letters  and  other  mail 

matter,., 67 

Aianchaiius, 

supreme  court  may  issue  writ  of,  to   any  of 
the  courts  of  the  Confederate  States,. ....'83-84 


Maratime  Juriadiction, 

extends  to  all  cases  of  admiralty, 19 

Ma  fit  time  Law, 

resolutions  touching  certain  points  of, 213 

3fii)v»e   Corpc, 

their  pay^  and  allowances, .     74 

,  quartermasters  of,  required  to  visit  the 
posts  where  portions  of  the  corps  msy  be" 
stationed, ; 74 

temporary  r.ink  and  command  conferred  oa 

ofHcers  of,  doing  duty  with  troops, 253 

Marine  Hnspitdls, 

expenses  limited, ]6c.-164 

may  be  placed  under  the  charge  of  any  cor- 
porate or  State  authority, 164 

.^furqiie   and  j'eprihal, 

power  of  Congress  to  grant  letters  of, 14 

no  State  to  grant  .-uch  letters, 15^ 

letters  of,  may  bo  issued  to  private  armed 
vessels, ; 100 

property  of  the  enemy,  unless  contraband 
of  war  on  board  a  neutral  vessel,  not 
subiect  to  seizure, 100' 

letters  of,  may  be  revoked  at  the  pleasure 
of  the  President, 101 

applications  for  letters  of,  to  be  in  writing; 
what  to  be  stated, 101 

bond  and  security  requir<id  of  owHcrs  of 
vessels;  penalty  and  condition, 101 

forfeiture  of  captures  and  prizes  of  vessels 
and  other  property 101 

distribution  of  prizes, 101 

vessels  and  other  property  of  citizens  of  the 
Confederate  Stales  and  certain  others,  re- 
captured, to  be  restored  to  owners  of  on 
the  payment  s.alvage, 101 

distribution  of  salvage, 101 

vessel  to  be  brought  into  port  helbre  break- 
ing of  bulk, , 102 

and  proceeded  against  before  a  compe- 
tent tribunal, 102 

condemnation  and  forfeiture,.. 102 

district  courts  to  have  exclusive  original 
cognizance, , '. ;...  102 

when  the  court  may  decree  restitution  and 
damages  and  costs, 102 

persons  on  captured  or  re-captured  vessels 
to  be  reported  to  the  collector  of  the  port, 
and  delivered  into  the  custody  of  the 
marshal,  &c., 102. 

instructions  by  the  President  to  the  officers 
and  crews  of  vessels  commissioned ; 
copies  to  be  delivered  by  collectors  of  the 
customs, 102 

bounties  allowed;  to  be  paid  by  the  Secre- 
tary of  the  Treasury, 102 

commanding  officer  of  vessel  having  a  com- 
mission or  letters  of  marque  and  reprisal, 
to   keep    a   regular  journal.     What    the       ' 
journal  to  contain, 102 

on  arrival  into  port  to  produce  his  commis- 
sion and  deliver  up  his  journal, 103 

officer  of  the  customs  to  go  on  board  and 
take  an  account  of  the  officers  and  men, 
the  number  of  guu^,  <$:c., 103 

vessel  not  k)  leave  port  till  journal  shall 
have  been  surrendered,  and  certificate  ob- 
tained from  office  of  the  cu.stoms.  For- 
mer certificate  to  be  delivered  up, 103 

penalty  for  neglecting  to  keep  a  journal  or 
wilfully  making  fraudulent  enterics 
therein,  <tc., 103 

penalty  for  violating  the  acts  for  the  collec- 
tion of  the  revenue  a^d  prevention  of 
smuggling, 103 


INDEX. 


XXV 


itarque  and  Reprisal,  (continued.) 

deduction  alLiwed  of  duties  on  goods  cap- 
tured and -made  lawful  prizes, 103 

five  per  cent,  on  the  net  amount  of  prize 
money  and  salvajre  to  be  paid  to  collec- 
tors of  customs,  consuls  or  other  public 
agents, 103 

tills  money  to  constitute  :i.  fund  fur  the  sup- 
port of  the  widows  and  orphans  of  per-, 
sons  killed,  and  other  persons. 104 

pay  to  cruisers  of  private  armed  vessels  for 
sinking  or  destroyinjf   war  vesse's  of  the 


?m.V, 150  )  McDonaU,  CoJonel  A.  M., 


ManKala,  (continncd.) 

for  each  judicial  district  in  Tennessee, 224 

of    district   courts    iu    Indian     territories; 
term  of  office;  residence;  fees, 272 

Maryland, 

resolutions  concerning 281 

organization  of  Maryland  Line, 270 

Maryland  Line, 

organization  of. 270 

McCvllongh,  Brigadier  General  lien, 

thanks  of  Congress  to,  and  the  officers  and 
soldiers  unfttr  his  command, 213-214 


76 


officers,  crew,  Ac.,  of  unarmed  vessels   not  < 

to  be  hold  as  prisoners  of  war, 154  ( 

breaking  of  bulk  and  removal  of  goods  on  ) 

captured  vessels,  authorized, 208  j 

inventory  of  the  property.     To  be  filed  / 

with  tho  collector 208  't 

custody  of  the  property, 208  [ 

when  removal  made  for  the  purpose  of  J 

lightening  over  bars  and  shoals, 208  i 

sale  of  prize  vessel  and  cargo  may  be  made  5 

by  marshal  of  adjoining  district,...^ 208  ) 

MumkaU,  ■'. 

of  court  of  admiralty,  at  Key  West,  Pla.,  60,  66  ; 
may  appoint  depuiies, 61  ''. 

of   district   courts;    by    whom    appointed;  \ 

oath;  bond  and  sureties 76' 

may  appoint  deputies 76  ? 

duties  of  marshals  and  their  deputies 76  '-; 

marshal  of  district  in  which   supreme  court  ; 

in  held  to  attend  the  sessions  of  said  court,     76  , 

power  to  command  a  voasc  comilatua  iu  the  '. 

execution  of  his  duly, 76  , 

in  case  of  death,  Ac,  of  marshal,  his  depu-  ;; 

ty  to  eontinuo  in  office, ,.     76  i 

misfeasance  in  office  of  deputy  adjudged  a  ;' 

breach  of  marshal's  bond 76  ' 

remedy  of  executor  or  administrator  of  de-  '<, 
ceased  marshal  against  deputy  for  mis- 
feasance in  office, 

to  execute  process  till  next  term  after  re- 
moval or  the  expinition  of  term  of  office,     76 

liability  of,  for  prisTOors  in  their  custody,...     76 

costs  and  fees, 78 

mileage  allowed  ;  how  computed, 78 

where  the  marshal  sells  real  estate  and  dies 
before  making  deed,  the  court  may  direct 
his  successor  to  make  tlae  same, 

remedy  against,  for  failure  to  paj-  orermoney 
in  their  hands 

to  provide  suitable  pl.aces  for  the  custody  of 
prisoners  or  convicts  in  States  whose  laws 
do  not  authorize  the  use  of  their  pcnite.i- 
tiary  or  jails, 

to  make  sale  of  prizes;  notice:  terms, 112  ', 

payment  to  the  owners  and  tho  officers  and  / 

crew  of  the   privateer,  of  the   funds    re-  ', 

ceived, 112  j 

commission  allowed  for  selling,  and  receiv-  \ 

ing  and  paying  over  the  funds. 112  i 

to  file  account  of  the  sales,  aud  of  all  duties  ; 

aad   charges,   with   a   statement   of  tho  '■ 

promi-ssory  notes  taken, 113 

•■       the  account,  to  be  verified  by  oath, 113 

penalty  fer  failure ;   how  recovered, 113 

appointment  of  marshal  of  Arizona  Terrl-  ', 

tory ;  duties  and  compensation, 246  i 

for  western  district  of  Texas, 127  ; 

for  district  courts  of  Virginia 149  J 

for  district,  court  of  Arkansas, 162  ' 

for  district  of  Texas  may  be  assigned  to  the  / 

eastern  district  of  said  State, 161  > 

fees  in  admiralty  cases, 196  ' 


81 
80 


86 


p.aymentto  be  made  for  horses  purchased  by 

the  order  of,  for  the  army, 135 

Measures  and    Weir/liis, 

standard  may  bo  fixed  by  Congress, 14 

Medical  Departtnent, 

organized, 38 

officers  in, 39,  lis 

their  rank  and  pay, 39 

not  to  ossu'j.e  command  of  troops, 39 

appointment  of  additional  officers, 46 

bond  and  security  required, 46 

pay  and  emoluments, 46 

how  long  to  serve, 40 

Mei8t'ngerti, 

of  tho    several    departments    and  bureaus; 
their. salaries,  52,  f-3,  57,  111,199,210,252,259 
3fexi<;o, 

exportation  of  cotton  to,  allowed, 153 

Milearfe. 

oi  officers  traveling  under  orders, 50 

of  members  of  Congress, 58,  107,  276 

of  marshals, 78 

of  jurors, 80 

of  district  attorneys, 81,  169-170 

of  delegate   to    House   of    Representatives 

from  Arizona  Territory, 247 

when  discharged  soldiers'entitlcd  to, 226 

allowed  carriers  of  electoral  votes, 224 

Military  E-itahlislimeut, 

of  what  composed 47 

increased. 114-115 

company  of  sappers  and  bombadiers  added 

to, 119-120 

Military  Operntiotm, 

I'resident   to   assume   control  of,  iu    every 

State, 43 

Military  Storekecpem,  , 

President  may  appoint, 115 

payuuii  allowances 115 

appointment   of    military    storekeepers   of 

ordnance, 188 

pay  and  allowances, 18S 

bond, 183 

Military  Supplies, 

act  of  Congress  of  United  States  prohibit- 
ing purchase  of,  of  a  patented  invention, 

&c.,  suspended  during  the  war, lli-116 

Militia, 

Congress  to  provide  for  calling  forth, l.'> 

provilions  in  Constitution  respecting  arming 

and  disciplining 15 

may  be  eiHployed  by  the  President, 45 

how  long  to  serve, 45 

organization  and  pay, 45 

.term  for  whiih  called  into  service  not  to 
apply  to  men  dr.ifted  by  tho  States  and 
furnished  the  President  on  his  requisi- 
tion,   255 

Miners, 

company  of  sappers,  miners  and  pontoniors,     47 
officers  and  their  duties, 4J 


XXTl 


INDEX. 


MiniKtem,  Cmeulf,  etc.     See  AmhasaadorB. 
MlntH. 

at  New  Orleans  in  be  the  place  of  deposit 
o!"  public  moneys  in  that  city 57 

ossistaiit  treasurer  to  perform  the  duties  of 
Treasurer  of  the  said  mint 67 

operations  of  mints,  suspended 110 

moneys  and  bullion  transferred  to  the 
Treasurer  of  the  Confeder:ite  States, 110 

mint  at  New  Orleius  and  appurtenances  to 
be  in  char;;e  of  some  fit  person:  the  su- 
perintendent may  be  aeceprcd  as  custo- 
dian;    hi3  compensation, 110 

savpe    cour-c  authorized   in  relation    to  the 

mint  at  Dahlonega, 110 

Minahs>ppi, 

Attala  county  to  form  part  c^f  the  southern 

judicial  dit-trict, 260 

Migahnrppi  River, 

navigation  of,  declared  free 3fi 

regulatioris  for  vessels  navigatinc^  the  river,  36-37 

floating  defences  for  the  protection  of, 198 

appropriation  lor  defences  for 2;'"^ 

Mimo-uri, 

appropriation  to  aid  the  people  and  Slateof,   17-' 

aid  to  the  State  of,  in  repelling  invasion  by 
the  United  States ISI 

when  to  be  admitted  as  a  member  of  the 
Confederate  States, 18+ 

recognition  of  the  Government  of, .'..1^4-185^ 

admission  of, 221 

ele<  tiuu  of  mtmh.rs  from,  to  the  House  of 
liepreseutalives,. 221 

appointment  of  m.ijor  genera!  and  brigadier 
general  to  the  command  of  troops  now 
aad  harciiiter  to  bs  raised  and  organized; 
pay;   stati", 2-17 

the  officers  appointed  to  be  assigned  to  the 
duty  of  raising,  &c.,  the  iorces  in  the 
State, 218 

advancements  to,  in  treasury  notes, 264,  263 

to  be  deducted  from  amount  found  due  the 

State  on  settlement, 2^05,  268 

how  advancements  to  be  applied 2.55,  2U8 

itct  of  January  22,  1862,  providing  for 
raising  and  organizing  additional  troops 

in,  repealed, 277 

Mistakes, 

in  process  and  pleadings  or  in  the  judg- 
ment;   how  amended, .     80 

export  of,  except  through  the  sea  ports  of 

the  Confederate  States,  prohibited,.... 170 

Movry, 

m.iy  be  coined,  and  value  regulated, 14 

counterfeiting  may 'be  punished, 14 

Mar  rill,  John  J).,  ' 

of  Kentucky,  appointed  a  *:ceiver  under 
the  sequestration  act  of  Aug.  -0,  1861,...   280 

evidence  admissible  in  cases  instituted  by, 
under  authority  of  re.-'olulion  of  Dec.  16, 

1S61,  appointing  him  receiver, 282 

Motionn,  .  • 

for  judgment  against  persons  in  possession 
of,  or  controlling  the  property  aivd  effects 

of  alien  enemies, 203 

Munitiiinis  I'f   ll'nr, 

provision  for  tbe  purchase,  mauufactiiio  and 
alteration  of, ..     28 

agents  and  artisms  may  be  employed 28-29 

President  to  receive  from  the  States  the  mu- 
nitions of  war,  (fee,  acquired  from  the 
United  States, 43 

advances  on  contracts  for  arms  or  muni- 
tions of  war, 173 


ih'.nicion't, 

appointment  of  chief   bugler   or   principal 
musician  to  each  regiment, 222' 


N. 


XaturaUzttiion, 

uniform  rule  of,  may- be  established  by  Con- 
gress,       14 

rights  of  eiiizenship  extended  to  percoos 
who  are  not  citizens,  in  the  military  ser- 
vice   189 

may  bc-omo  naturalized  and  citizens  of  any 

one  of  the  Confederate  States, 180 

oath;  before  v'hom  taken  ;  where  filed, ..189,  190 
where  the  State  in  which  the  applicant  last 
resided  becomes   otio   of  the   Confederate 
States,  his  citizenship  to  remain    in   that 

Stite  at  his  election, 189 

clerk  of  district  court  to   record   the  oaths 

and  index  the  same 190 

persi*s  in  the  military  service  to  be  inform- 
ed of  this  act N.  190 

persons,  not  citizens,  in  the  naval  service  of 
the  Confederate  States  may  beci^me  natu- 
ralized,    223 

NuLval  Forres, 

President  authorized  to  employ, 45 

Navnl  Sn-rice, 

regulations  for  the  government  of  persons,.     74 
parsons,  not  citizen?,  in  the  naval   service 
entitled-  to    same   protection   as  citizens, 

and  may  become  naturalized, 228 

Kan  a  I  S'.ins, 

exports  of,  except  through  Wi"   seaports  of 

the  Confederate  States,  prohibited, 170 

Nurrj, 

power  of  Congress  over, 15 

President  authorized  to  appoint  commis- 
sioned officers  and  employ  maste/s,  mid- 
shipmen, engineers,  &c., 70 

annual  pay  of  naval  oiicers, *....     70 

of  captains, 70 

of  command  TS, .' 71 

of  lieutenants, 71 

of  masters, 71 

of  midshipmen, 71 

of  surgeons, 71 

of  assistant  surgeons, 71 

of  paymasters, 71 

of  engineers, 72 

of  warrant  officers, 73 

commissioned    officers    may    be    appointed 

(hiring  recess  of  Congress, 74 

length  t.f  service  of  United  States  naval 
officers  received  into  the  service  of  the 

Confederate  States ;  how  computed, 74 

sea  service  defined,. ..» 74 

pav  of  seamen  to  be  determined  by  the  Pres- 
ident,      'S'i 

corps  of  marines;  their  pay  and  allow- 
ances.  74,  121 

officers  attnched  to  the  Navy  Department, 

and  their  duties ,• ^'^ 

one  clerk  to  be  appointed  to  aid  each  officer,     74 
quartermKster  required  to  visit  the  post  of 

the  marine  corrs, <4 

regulations  for  the  government  of  persons 

in  the  naval  service, 74 

\  laws  of  the  United  States  for  the  govern- 

]  mcut  of  officers  of,  adopted, 75 

\          relative  rank  of  officers  of  the  navy  toward 
>  those  of  the  army, ■ 


75 


INDEX. 


XXVll 


Navy,  (continued.) 

relative   position   of  ofScers  of  the   Uuited  ] 
States  navy  who  have  resigned  and  re- 
ceived  ai)pointments  in  the  navy  of  the  \ 

Conf -delate  States, 8T  ; 

cppointmenr  of  officers  of  the  Unite;i  States  ; 

navy  'o   the  same  rank   and   position   in  ] 

the  navy  of  the  Confederate  State?,.""-"  121  i 

asii.!:;nmcMit  cf  officers  of  the  navy  to  duty..  121  > 

assistant  paymasters   of    tbo   navy;    their  i 

salaries ". 121  1 

paymasters  of  the  navy  to   ho  taken  from  I 

the  graJo  of  a.«sistaut  paymasters,.^ 121  \ 

temporary  military  rank  and  command  con-  '   ] 

ferrcil  on  oiH.ers  of  tlie  navy  ordered  to  \ 

do  duty  on  shore  with  troops, 2^S  | 

to  retain  theis  raok  in  the  navy, 2l!8  | 

pay  and  emoliiments 22>  ; 

appointment  of  ebapl:iins>  in, 2'l^i  ' 

appointment  of  additional  officers, 2i'9 

when  appointments  to  terminate, 'iJ.'i 

officers  of  the  regular  navy  may  be  ap- 
pointed to  any  higher  grade  without  pre- 
judice ti)    their    position    under    original 

appointmcut, .  242  i 

Navtj  Bfpiiitiiicitt, 

er-tahUshetl, .33 

dhief  olBccr  of, '•'•■i ', 

clerks  in, b'.i  ; 

chief  clerk  ttj  perform  the  duty  of  lii.-hurs-  ; 

ing  agent  and  corresponding  clerk, 53; 

messenger 53  ; 

clerical  force  may  be  increas^ed, iil\  • 

laborers  may  be  employed,....'. 4> •  63  ; 

ofRccrs  attachei.1  to;  thcii  duties, 74^ 

one  clerk  appointed  to  aid  each  officer, 74  ' 

disbursing  elcrk  for  the  deparlnieut, 116^ 

appointment  of  additional  clerks  and  drafts-  ! 

man 240,  241  ; 

Navi/,  Secretary  af  Vie,  \ 

duties  of, .' 3.j; 

may  appoint  clerks  in  his  regiment, 3.3,  741 

muy  contract  for    building   gunboats,   <tc.,  | 

without  advertising  lor  proposals, 195  J 

to  give  bounty  to  enlisted  seamen, 241-242  ; 

Navy  Yards.     See  Forts,  Arsenals,  etc.,  ; 

Negroes,  > 

importation  of,  prohibited, 15' 

New    Trials,  < 

may  be  granted  by  district  courts, 78  < 

Nobility,  ! 

titles  of,  notto  be  granted... Ifi  I 

North  Carolina,  ! 

commir^sioners  from,  received  by  Congress,..  91  < 

admission  into  the  Confederacy, 118  i 

first  regiment  of  volunteers  fioui,  and  cadets  ! 

from  Institute,  received  into  the  service,..  212  \ 

Notary  Pitlilic,  J 

may  excicisc  authority  confemd   on  com-  ' 

missiuncrs, 79  ' 

Notices,  < 

to  persons  in  possession  of,  or  conti  oiling  < 

the  property  of  alien  enetnies, 202  j 

of  m  jtion  lor  judgment  again.st  such   per-  j 

sons  ou  failure  to  pay, 203/ 

Nurses,  i 

employment  of,  for  the  military  .service, 180  i 

pay, 18i; 


0. 


Oaths,  ' 

to  support  the  Constitution;  by  whom  to  be         \ 

taken, 22  ' 


Oaths,  (continued.) 

of  custom-house  ofScers, 23 

of  officers  aud  employees  in  Statj  Dtpart- 

,         ment 30 

form  of  oath  prcsi'ribed  for  officers,  nun- 
commissioucd  officers,  musiciaus  and  pri- 
vates  '. 62 

of  agent   of  express    and   other   chartered 

canpanics  i-,;irrying  the  mail, 67 

of  judges 77 

of  officers  of  teUgraph  lines, 107 

of  commissioricr  of  patents  and   appointees 

ill  his  office '. 136 

of  applic.ints  for  patents, 137,  1;-19,  144 

of  collectors  of  t„xcs,.... 178,  181 

of    naluralizali'.m  ;    before    whom    taken  ; 

where  to  be  tiled, 189-190 

of  assayers, 192,  253 

of  receivers  under  sequestration  act 202 

of  Governor,  Secretary,  chief  and  associate 
justices,  attorney  and  marshal  of  Arizona 

Territory', 246 

may  be  u.liuioistered  by  receivers, 2C6 

o(    wiiiiesfcs 266 

oath  of  office  ot  Senators  and  members  of 
the  Hou.«.e  of  Representatives  under  the 
permanent   Constitution;    by  whom  ad- 

niiuislorcd, „  268 

ObliQntiiihs, 

uo  State  to  p.nssa  law  iiupaiiiiig  the  obliga- 
tion of  Contracts, 15 

Offences.     See  Crimes  and  Puuishnuuis. 
Ojfieers, 

not  to  accept  present.",  titles.  Ac, 16 

appointed  by    provisional    Govi-rnnieut    to 

remain  in  office 21 

custom-house  officers  and  a.'sistant  treas- 
urers continued  in  ofnce, 27,91 

ttaflF  «fficcrs  lor  the  aro.y, 38-39 

in  ecrtaiu  departratnts  not  to  assume  com- 
mand of  troops, 39 

of  the  army  to  be  appointed  by  the  Presi- 
dent,      48 

examination  required  of  anj'  officers, 4S 

promotions 4l^ 

meritorious  non-commissioned  officers  may 
be  appointed  to  the  lowest  grade  of  sub- 
altern ofiictrs,  ,     4i) 

to  perform  all  military  duties  to  which  they 

may  be  assigned, 51 

army  officers  not  to  employ  enlisted  men  as 

servants ; 50 

brigadier  general  added  to  those  heretofore 

a|)poiiitcd, 62 

C(im;ijissions  to  officer.s  of  the  United  States 
army  who  have  resigned  and  been  ap- 
poiutcd  to  original  vacancies  in  the  army 
of    the    Confederate   States  to    bear   the 

same  date, 62 

relative  rank  of  officers  in   the  army  ;  how 

determined,  62 

employed    io  the   postal  service,  continued 

iu  office, 66 

commissioned  officers  of  the  navj'   may  be 

lippoiiited  during  recess  of  Congress, 74 

flpp'dntmcnt  of  interior  officers  to  Ic  made 

by  the  President 75 

ail  otticers,  civil,  military  or  naval,  m:iy  bo        # 
appointed    by  the    Presideiit   during  the 

recess  of  Congress, 89 

of  voluntecrcompanies,  batialious  and  regi- 
ment-,  45,  104,  106 

aots  of  certain  officers  under  the  act  of  Feb. 
28,  1861,  to  raise  money  for  the  support 
of  tho  Uuvcrument,  couiiimcJ, 108 


XXVlll 


INDEX. 


Offi-cers,  (continued.) 

rank  of  "  General,"  estaWished  as  highest  ; 

military  grade, 116/ 

assio-nment  of  guneral  officers  to  command,  11,6  .^ 
State  cadets  to  be  attached  to  companies  as 

supernumerary  otiicers, Ho 

assignment  of,  to  staff  duty ^^..  115  - 

appointment  of  oflicers  of  the  navy  of  the 

United  states  to  the  same  rank  and  posi-  > 

tion  in  the  navy  of  the  Confederate  States,  121  ■', 

civilians  may  bo  appointed  staff  officers, 171  ; 

temporary  rank  and  command  on  officersfor  ', 

service  with  volunteer   troops, 127  ; 

to  assist  in  preparing  and  signing  treasury 

notes, 167  , 

two  field  officers  all-owed  certain  battalions  ; 

of  volunteers, 170' 

assistant   adjutants   general    for   volunteer  ' 

forces, 170  '■ 

law  clerk  iu  Uepurtuieiit  of  Justice, 173  ' 

surgeons  and  assistant  surgeons  in  the  pro-  > 

visional  army  for  hospitals, ,   176  .■ 

collectors  and  assessors  <i  taxes,...; 178,  226  ) 

military  storekeepers  of  ordnance, IbS  ', 

superintendents    of    armories   and    master  ) 

armorers, 188  { 

aids-ae-camp  for  President's  staff, 188  J 

additional  sergeant  allowed  each  company,  188  ; 
assayersat  Charlotte  and  Dahlunega,  and  in- 
ferior officers, , 192  ; 

assistant  examiner  of  patents  and  messea-  ' 

gerin  Patent  Office, 199  ; 

commissioners  and  receivers  under  seques-  > 

tration  act, 202,  205  ; 

adjutants   of  regiments  and   legions  of  the  ; 

grade  of  subaltern,. ..i 209  ') 

to  affix  signature  of  President   to   commis-  ) 

sions  in  the  army, 222  J 

of  certain  State  troops   turned   over   to  the  ', 

Confederate    States,    appointed,    &,c.,    as  ', 

heretofore, 223-224  ] 

marshal  and  attorney  for  each  judicial  dis-  \ 

trict  in  Tennessee, 224  ( 

election  of,  upon  organization  of  troops  re-  ; 

volunteering  or  re-enlisting, , 223  / 

rank  and  pay  of  certain  officers  who   coin-  ' 

meueed  service  before  receiving  their  com-  ' 

missions, 225  > 

temporary  military  rank  and  command  con-  ) 

ferred  oa  olScers  of  the  navy  ordered  to  / 

do  duty  on  shore  with  troops, 228  ' 

to  retain  their  rank  ia  the  navy, 228  '. 

persons  who  were  officers  in  the  revenue  ser- 
vice of  the  United  States  may  be  employed 

in  the  uav.al  or  military  service, 229  ', 

appointment   of  additional    officers   in  the-  ', 

navy 229  \ 

appoiutijLieiii  of  officers  of  engineers  in  the 

provisional  army, 237-238  ; 

temporary  rank  and  command  on  officers  of  ' 

the  army  on  duty  in  certain  bureaus, 238  ,; 

appointment  of  two  additional    clerks  and  .; 

draftsman  in  the  Navy  Department, 240  I 

of  the  regular  navy  may  be  appointed  to  a  ) 

higher   grade  without   prejudice  to  their  ; 

position  under  original  appointment, 242  , 

as  to  appointment,  election    and   qualilica-  , 

♦  tiGns  of,  in  the  Territory  of  Arizona.     See 

Arizona   Territory,  a.ni, 242-247 

appointmeutof  major  general  and  brigadier 
general  to  the  command  of  troops  in  Mis- 
souri,   247  ' 

appcintments  of  offioej-s  under   the   act  to  ' 

raise  an  additional  military  force  to  serve 
during  the  war.      Vacancies;  how  filled,  248 


Officers  (continued.) 

may  be  detailed  to  recruit  men  for  compa- 
nies,   248 

President  may  appoint  and  commission 
persons  as  field  officers  to  raise  regimeuts, 
srjuadrons,  &c.  Their  pay,  transporta- 
tion and  subsistence, 2J8 

act  of  January  22,  1862,  requiring  the  elec- 
tion of  field  and  company  officers  by  regi- 
ments and  companies  not  to  apply  to  regi- 
ments, &c.,  raised  under  such  appoint- 
ment,  , 258 

officer  to  receive  an  appointment  propor- 
tioned to  the  force  he  recruits, 249 

of  artillery  above  the  r.ankof  captain  in  the 
provisional  army  and  in  the  volunteer 
corps, 249 

may  be  detailed  to  recruit  for  companies,^ 
now  in  the  service  under  enlistajeut  for 
twelve  minths, 254 

temporary  rank  and  command  conferred  on 
officers  of  the  marine  corps  doing  dutj' 
with  troops, 258 

rank  of  commissioned  officers  who  continue 
in  service  by  re  election  to  d.ate  from  the 
time  of  their  original  election  or  appoint- 
ment,  „ 271 

appointment  of  judges,  attorneys,  clerks 
and  marshals  for  district  courts  in  Indian 
territories, , 272 

appointment   of  quartermasters   and   com- 
missaries at  permanent  posts  and  depots,  275 
Offices, 

to  what^offices  members  of  Congress  can- 
not be  appointed, , 13 

Ordnance, 

contracts  for  the  purchase  and  manufacture 

of, 2f< 

Ordnance  Department, 

transfer  of  funds  to,  from  the  Quartermas- 
ter's Department, 2 

Ordnance  Service, 

master  armorers,  master   carriage   maker.-', 

blacksmiths,  &c.,  may  be  enlisted  for, 50 

Osages, 

treaty  between  the  Confederate  States  and, 
of  Oct.  2,  iStil, otKl 


Paper, 

to  do  the  printing  ordered  by  Congress  or 
any  of  the  departments, Ill 

superintendent  of   public  printing   to    ad- 
vertise lor  proposals, Ill 

contractor  to  furnish    the   paper  as  the  su- 
perintendent shall  require, Ill 

superintendent  to  furnish  paper  to  the  pub- 
lic printer  for  the  printing  of  the  laws,...  173 

kind  to  be  used  in  printing  the  acts,  &e.,  of 

Congress, 172,  277 

Parties, 

may  be  heard  in  person  or  by  counsel, 79 

when    representative  of   deceased   may   be 
made  a  party  to  a  suit, 79 

who  admitted  as  a  defendant  in  suits  insti- 
tuted under  the  sequestration  act, 203 

Partnerships, 

between  citizens  and   alien   enemies,  to   be 
settled, 206 

interest  of   alien  enemies  to   bo  separated 
and  sequestrated, ..„„. 206 


INDEX. 


XXIX 


PartnrrgJiipif,  (oontinned.)  ; 

joiut  rights  where  :in   a'ien   enemy  is  con-  '( 

cerned  to  l>e  severed  and  intirest  of  alien  / 

enemy  S(  qu.  strati d 20<i  i 

resident  partners  dealt  with   as  surviving  > 

P""ner,=, 261  ^ 

process  and  pleadings  where  the  uaincg  of  / 

the  tneinbtrf  of   a  partner  hip  of  alien  ' 

enciuies  are  uiiktiown, 265-200  ' 

Patent  Of/ice.     See  Puteiitn.  j 

established,  and  attached  to  the  Department  ( 

of  Justice 136; 

officers  and  clerks,  and  their  coiupensaiii>n,  \ 

•  J3«,  N;?,  145,  199  .^ 

seal  of  office \;\f,  i 

appropriation  for  library  of, 144  ') 

expenses  of;  to  be  paid   out  of  iho  patent  / 

fuoJ. 14,3,  148  ' 

messenger;  his  salary, \9ii  '/ 

f'atvnts,  I 

power  of  Congress  to  secure,  to  inventors....     14  J 

patent  office  es'ablislied 136  J 

uppointnient   of  commissioner   of   patents;  ;! 

bis  duties, ],3fi  i 

chief  clerk .-. ];-;(5  / 

examiners  of  patents,  and  other  clerks, 136  '' 

assistant  examirer, ]yi)  z 

comtuissiontr  and  other  officers  dirqualified    •      '/ 

from  taking  any  interest  in  patent?, 1:56  / 

compensation  of  coiuinissioner, l.Sfi  ? 

•     or.th  of  iffue ."  13,;  ;! 

bond  of  commissioner  and  chief  cltrk,..-.   136  / 

seal  of  office, f 1,3(5  ^ 

copies  of  records  to  be  evidence, '. 136  ^ 

fees  for  copies, 13"^ 

form  of  patent?, i;57  jj 

<erm, .=^. '_■"  137  < 

for  what  patent  may  be  grunted, 137  ^ 

application. 137  ■* 

written    description    of    invention,    and    of  ^ 

the  manner  of  making,  using,    Ac,   the  )■ 

same, ."" I37  j 

drawings    and    written    references  :     speci-  \ 

mens  of  ingredients  and  of  thccomposition  \ 

of  matter I37  J 

eignaturc;    attestation    and    tiling   of    de-  i 

scriptions  and  drawings 137  i 

model  of  invention 137  > 

oath  or  affirmation  of  applicant 137  < 

examination   of  the  alleged  new  invention  J 

or  discovery 138  i 

what  to  appear  to  authorize  the  issuing  of    '      I 

aPiitent, 138  / 

commissioner  to  notify  the  applicant  when  l 

his  api)licatioD  is  refused I33  ) 

if  a)'plicant  persist  in  his  claim  for  a  pa-  \ 

tent,  new  oath  required, 138  / 

appeal  to  Attorney  (ieDcral, 138  ^ 

proceedingo  on  appeal, '   13^  i 

applications    for    patents    which    interfere  > 

with  other  pending  applications  or  unex-  I 

pircd  patents 138  > 

coujdnissioner  to  give  notice  thereof, ."  138  > 

appeal  from  bis  decision, 138  f 

taking  out  letters  patent  in  a  foreign  coun-  ( 

try  not  to   deprive  inventor   of  bis  right  < 

nnder  this  act, 13"^^ 

date  of  patent I39  / 

filing  of  spccilications,    Ac,    in    the   secret  \ 

archives  of  the  office. I39  / 

patents  may  issue  to  executors  or  adininis-  > 

trators  ;  oath, 139  ■ 

assignment  of  patents;  to  be  recorded, 139; 

inventor  may  tile  caveat;  fees:  to   be  kept  f 

eecTCt,.., ,  139  ' 

30 


Patents,  (continued.) 

notice  to   be  given   of  interfering   applica- 
tion ;  decision 159 

fr  tn  what  day  the  notice  to  be  computed,...  14fi 

remedy  at  law  pieserved 139 

defective  patents   maybe  suirendcred    and 

"•e-issue.i 139-140 

effect  thereof, I40 

patents  for  now  iiniirovemeuts  of  tlic  origi- 
nal invention  ordi^covciy, IJO 

annexing  to  original  pnteots,  de^crijUions, 

Ac.  ot  such  iuiprovemeuts,  disalloiTcd,...  140 
defendant  may  plead  the  general  issue  and 

give  notice  of  special  matter, HO 

defences, ', i|(y 

what  special  matters  the  defendant  lo  state 
in  his  notice,  when  ho  relics  on  a  previ- 
ous invention,  Ac, hq 

judMient .'..".  140 

wheTi  prior  use  abroad  not  to  avoid  patent,.  140 

C'sts, , .,  140 

remedy  in  equity  where  there  arc  iurerfer- 
ing  patents,  or  where  a  patent  has  lieen 
refused  on  the  ground   that  it  would  in- 

terlerc  with  an  unexpired  patent, )4I 

all  actions,  Ac,   cognizatde   in   the  district 

courts, ^ 14] 

power  cf  the  court  to  gr.>nt  injunctions, 141 

writs  of  error  or  appe>l, 141 

classification   and  arrangement  in  rooms  or 

galleries  of  models,  Ac, 141 

to  be  kept  open  for  public  inspection 141 

fees  for  several  distinct  patents  on  surren- 
der  UI-!42 

when  duplicate  model*  or  drawings  to  be 

filed 142 

question  of  compensation, 142 

patents  may  issue   to   the  assignees  of  the 

in^  ent- rs  or  discoverers 142 

applicant  to  furnish  tiuplicate  drawings 142 

patentee  may  disclaim  where  bis  speriiica- 
tion    is    too    broad  ;    how    made ;    ellcct 

thereof, .,„   142 

application  for  iuiproviuients  and  re-issues 
to  be  subject  to  revision  as  otiginal  ap- 
plication ;  disclaimer;  appeal, 142 

patent  to  be  good  for  so  much  as   is  origi- 

i-.al, 142-143 

actions  for  infringements, 143 

no  costs  unless  disclaimer  filed, 143 

delay  in  filing  disclaimer  to  bar, I43 

when  affirmation  maybe,tiken  instead  of 

oath,: ". 143 

patent  fund   appropriated  for   payment  of 

expenses  of  the  patent  office '. 143 

commissioner   to   make    annual    report    to 

Congress, 143 

list  of  patents  to  be  published, I43 

appropriation  for  the  library  of  the  patent 

office, 144 

applications  by  aliens  for  patents, I44 

inventors  majfcdisposo  of  right  to  use  m  i- 

chines,  Ac,  prior  to  application, I44 

remedy  in  cases  of  interference  extended  to 

all  cases  where  patents  are  refused, 144 

fees  paid  by  mistake  maybe  repaid  out  of 

the  pateat  fund, 144 

bow  oath  to  be  administered  abroad, 144 

to  whom  payments  for  patents  to  be  made...  144 
writ   of    error   or   appeal   to    the   supreme 

court, 145 

commissioner  to  prescribe  rules  for  taking 

evidence, 145 

before  whom  evidence  to  be  tak*n, 14» 

subprenas  for  witnesses, ',  1.45 


£5X 


INDEX. 


Paitnta,  (continued.)  Penitentiary,  (continued.) 

failure  of  witness  to  attend,   or  refusal  to  J.  person  convicted  of  ielony  in  district  courts 

tcBtify  145;;  ,  of  Indian  territories  may  be  confined  in,.  274 

compensation  of  witnesfes 145  (  Permanent  Co^.xtitntion, 


nbei)  not  required  to  attend ^ 115  J 

\>hen  not  deemed  guilty  of  c  nteiupt, 145  j 


fepptiil  from  the  decision  of  the  exiiiuiueis    145  ?  Pcrpetnatinrj   Testimony, 


act  to  put  in  operation  the  government  un- 
der,  122,  268 


fcccond  examination 145  { 

salaries  of  commissioner,  clerks  smd  exami- 
ners,.   145 

\,ben  models  may  be  restored;  when  dis- 
pensed with, 146 

p.-iuiiug  of  piipers, ; 14(5 

discouduet  of  patent  a;^cnt, 14C 

fees  paid  on  application  for  patents  not  to 

be  rtfisntled 146 


fee  paid  oc  iiliug  a  cavefat;  How  considered,  146  (  Petition, 


how  done, 73 

in  case  of  abduction  or  harboring  ot  slaves 
by  the  enemy, 

where  property  other  than  slaves  shall  have 
been  seized,  wasted  or  destroyed  by  the 
euemj', 

a'.t,  not  to  be  conftrued  as  implying  that 
the  Confederate  States  will  make  com- 
pensaiion, 


207 


207 


207 


raifs  of  fees, 146 

may  be  issued  for  original  designs;  term  of  \ 

patent;  fees, 146-147  |; 

when  applications  to  be  completed, 147  | 

when  regarded  as  abandoned, 147  \ 

Low  patented  articles-  to  bo  marked, 147  \ 

on  failure  to  mark   them,  no  damage^  re-  \ 

coverable  for  infringement  of  letters  pa-  i 

tent,  except,  kc, ■•  147  'i 

c&mmissioaer  to  have  printed   detreriptions  ; 

and  claims  of  patents,   and  drawings  of  ; 

the  same, 147  ] 

copies  of  letters  patent  to  be  evidence, 147  [ 

lii.  crimination   between  persons  in  regard  :, 

to  paient  oiSce  fees, 14/  '. 

farther  icts  to  be  paid  by  patentee, 147-14S  ;' 

it'  not  paid,  patent  deemed  abandoned. 148 


right  of,  secured, 15 

Pliysiviana, 

appropriation  for  the  services  of,  employed 
io  conjunction  with  the  medical  staff  of 

the  army, -  136 

Pillotc,  Mojur  General  Gideon  J., 

thanks   of  Congress   tendered  to,  and  the 
officers  and  soldiers  under  his  command,.  280 
Piracies, 

power  of  Congress  to  define  and  punish, 14 

Pieadincis, 

in  what  cases  defendant  may  plead  the  gen- 
eral issue  and  give  notice  of  special  mat- 
ter,  140„16(> 

plea  by  defendants  in  suits  under  the  se- 
questration act  j  V,  hat  to  set  forth, 203 

in  district  court  in  Indian  territories, 273 


I.&tent'fund  appropriated  for  payment  of  ex-  ^  Polk,  Mojor  General  Leonidas, 

.    penses  of  the  patent  office 148  c  thanlis  of  Congress  tendered 


peii 

patents  issued  by  the  United  States  to  con- 
tinue in  force, 148 

where  slave  is  inventor,  Ac,  Lis  master 
may  obtain  patent  for  his  invention, 148 

effect  of  patents  issued  by  the  United  States 
to  citizens  of  foreign  countries, 148 

re,*^olution  of  March  4,  1861,  r.:lating  to  pa- 
tents and  caveats,  extended  to  citizens  of 
all  slave  States, ■. 163 

pre-payaient  of  postage  by  applicants  for 
patents, 199 

United  States  patents  continued  in  force,250,  251 

•assignments  of  such  patents  revived, 250 

leoord  of  assignment,  deposit  oi  draw- 
ing, &c., 


to,   and   the 


250  I 


officers  and  soldiers  under  his  command,..  280 
Pontoniers, 

company  of  sappers,  miners  and  pontonieis,     47 

officers  and  their  duties, 43 

Ports, 

limits  of  the  port  of  New  Orleans,  defined,..  Ill 
the  porta  of  delivery  known   as  Bayou   St. 
John's,  Lake  Port  and  Port  Ponchartrain, 
and  the  custom  officers  abolished  and  dis- 
continued,.   112 

establisIimcEit   of  ports   of  entry   and   de- 
livery,      42 

power  to  change  and  abolish  same, 42 

Sabine  Pass  established  as  a  port  of  entry 
for  district  of  Sabine  Pass,  Tcx^.s, 121 


endorsements  on  patents  and  assignments,..  251  '>  Posne   Comitatui, 


251  { 
251  ( 


affidavit  required  where  patent  or  assign 
ment  is  lost  or  cannot  be  procured  Irom 
Halted  States  patent  office;  its  effect, 

notice  by  applicant, 

commissioner's  fee  ibr  recording  afiidavi-t;...  251  J 

takingout  patent  in  foreign  country  not  to  j 

debar  citizens  or  alien.*, 251  ; 

limitation  of  term, 251 

how  act  of  May    21,   1801,    in   relation   to 

United  States  patents  to  be  construed, 250  ' 

gpecificatious,  &c.,  of  inventions  and  useful 
discoveries  and  improvements  may  be 
Sled  iu  the  office  of  the  Attorney  General,     93 

ta  operate  as  a  caveat, 93 

Paymasters, 

appointment  of,  in  the  navy  ;  their  salaries,  121 

Pcnohy, 

judgment  for,  on  bond. 80 

Penitentiary, 

when  State  penitentiary  may  be  used  by  tbo 
courts  or  marshals  of  the  Confederate 
fctates, 80 


power  given  to  marshal  to  command,  in  the 

execution  of  his  duty, 73 

Postage, 

rates  of,  established,.... 34,  44 

on  single  letters, 34 

what  deemed  a  single  letter, 34 

what  packages  rated  by  weight, 34,  109 

drop  letters, ^ 34 

postage  pre-paid  by  stamps, 34, 100 

additional  postage  on  letters  advertised, —     34 
postage  on  newspapers  sent  from  the  office 

of  publication  to  subscribers, 34,  109 

on  periodicals  so  sent, > J34,  109 

on  other  newspapers,  periodicals,  circulars, 

hand-bills,  engravings,  &c., 34,  109 

on  books,  bound  or  unbound, 34,  110 

publishers  may  send  publications  to  each 

other  free  of  postage; 34 

deputy  postmasters  and  others  to  be  fur- 
nished with  postage  stamps  and  stamped 

envelopes, •■     35 

penalty  for  forging  or  counterfeiting  post- 
age stamps, "•••     25 


INDEX. 


XXXI 


Poetaffe,  (continued.) 

or  for  making,  using  or  possessing  forgtfl 
or  counterfeited  dies,  plates,  Ac, 35 

or  for  delivering  postage  stamps  without 
authority, 06 

postma.-ttis  to   di-'face   postage   stamps  at- 
•  tached  to  letters 35 

penalty  for  ne(i,leot, 36 

penalty  for  using  postage  stamps  that  had 
been  befoie  iiseJ 35 

fraukinir  privilege,  abolished, So 

exception  in  Cavor  of  certain  officers  in  the 
Post-Otfi.e  Department,  and  deputy  post- 
masters      35 

act  establishing  letter  registration  system 
repealed, 3(> 

exfiress  and  otht^r  chartcreil  companies  pro- 
hibited from  carrying  letters  unless  post- 
age pre-paid, 36 

pre-payracnt  of  money  until  stamps,  Ac, 
can  bo  priicured, 41 

regulations  concerning  the  pro-payment  of 
postage  on  letters,  Ac,  sent  by  express 
and  other  chartered  comp.inies, ;...     67 

act  of  February  2'-^,  1S61,  relating  to  post- 
ago  on  certain  sealed  packai^cs,  amended,  109 

double  postage  on  newspapers,  periodicals 
and  books  published  out  of  the  Confedo- 
ratti  States, 110 

publishers  of  newspapers,  etc.,  miiy  send 
and  recMtfo  them  to  and  from  each  other 
free  of  postage, 110 

on  newspapers,  Ac.,  jdaced  in  post-  oflSce  for 
delivery  only, HO 

ten  cent  stamfs  and  stamped  envelopes  to 
be  furnished, 110 

franking  privilege  extended  to  the  chiefs  of 
the  contract,  appointment  and  finance, 
bureaus  of  the  Post-Office  Department,...  HO 

pre-paya*eiit  of  postage  not  required  of 
officers,  Ac,  of  the  army, 167 

nor  on  Iq^ters  transmitted  by  a  member  of 
Congress  with  his  official  signature  en- 
dorsed,  .'. ». 168 

forwarding  of  mail  matter  sent  to  otficer?, 
Ac,  of  the  army,  in  case  of  rcmova!, 
free  of  additional  postage, 107- IG8 

pre-payment  of  postage  not  required  on 
mailable  matter  addressed  to  State  offi- 
cers,    19'1 

pre-payment  of  postage  by  applicants  fur 
patents  and  others, 199 

treasury  notes  receivable  in  payment  for 
postage  stamps  and  stamped  envelopes,...  200 

endorsement  bj'  member  of  Congress  of  his 
name  on  newspapers,  Ac,  not  to  subject 
■him  to  increase  of  postage, 200 

rates  of  postage  on  newspapers  and  period- 
icals sent  to  dealers  therein, 210 

\      may  be  carried  outside  of  the  mail  on  pre- 
paying postage, 211 

how  pre-payment  indicated, 211,  217 

treasury  notes  receivable  in  payment  of 
postage  or  on  deposit  for  advance  pay- 
ment,  i 228 

Postage  Stampn, 

treasury  notes  receivable  in  payment  of, 200 

Postal  Service, 

contracts  under  which,  now  carried  on,  may 
be  renewed  provisionally, 66 

postmasters  and  other  officers  in  the  postal 
service  continued  in  office, 66 

Postmaster  General  to  take  entire  charge  of 
postal  service  and  may  annul  conlracte, 
or  discontinue  or  curtail  the  servioo,  Ao.,  105 


Postal  Servi<:c,  (continued.) 

extra  pay  allowed  whore  service  discon- 
tinued  .'..  105 

cKassiiication  of  railroads, 1€5 

compensati  in  allowed  railroad  companies 
for  carrying  the  mail, 105 

additional  pay  f'lr  night  service 105 

employees  of  the  Post- Office  Department  to 
pass  free  over  the  road, 105 

extension  of  m;iil  service  over  the  States 
and  territories, 120 

time  for  presenting  c'.aims  for  postal  ser- 
vice, extended, "49 

Postmaster  Gcnf.ral, 

dutfcs, 33 

may  appoint  clerks  in  his  department 33 

to  furnish  stamp?  and  stamped  envelopes,..     35 

to  contract  for  blanks  for  his  office:  ;it 
what  riites 4() 

to  contract  with  steamers  for  the  transport- 
ation of  tfte  mailt 44 

may  increase  clerical  force  in  his  depart- 
ment,  >. 53 

may  emjMoy  laborers S3 

may  transfer  clerks  from  one  bureau  in  his 
department  to  another 67 

to  renew,  provisionally,  the  contracts  und'.ic. 
which  the  po.stal  service  is  now  perform- 
ed, and  continue  in  office  the  postmasters 
and  other  officers 68 

to  advertise!  and  enter  into  contracts  for 
carrying  the  mail 68 

to  issue  circular  instructions  to  postmasters 
and  other  officers  performing  service  un- 
der the  appointment  of  ilic  Uiiitod  States,     87 

may  al'ow  express  and  other  ehartored 
comp.anics  to  carry  letters  and  other  mail 
matter, 67 

to  take  entire  charge  of  the  postal  service,..  106 

empowered  to  annul  contracts,  or  to  dis- 
continue or  curtail  the  service,  ifcc 106 

in  case  of  death,  absence,  Ac,  of,  chief  of 
contract  bureau  to  perform  his  duties  j 
for  what  time, ?....  108 

may  contract  for  carrying  the  mail  over  cer- 
tain routes  without  advertising  for  bids, 

119,  139 

to  collect  and  pay  over  moneys  due  froiii 
postmasters  at  the  time  the  Confederata 
States  took  charge  of  the  postal  service, 

199-200,  249 

account  thereof  to  be  kept, 249 

reimbursement  out  of  the  treasury  for  tbo 
amount  paid  over, £49 

to  make  proclamation  to  citiKens  of  the 
Confederate  States,  who  have  rendered 
postal  service  under  the  United  States 
Government,  to  present  their  claims,  veri- 
fied, Ac,  to  his  department, 2Cft 

to  make  report  of  such  claim, 203 

may  appoint  additional  messenger  for  Post- 

Office  Department, 210 

Poatmaiters, 

to  deface  postage  stamps  attached  to  letters,     35 

continued  in  office C6 

Postmaster  General  to  collect  moneys  duo 
from,  at  the  time  the  Confederate  States 
took  charge  of  the  postal  service 199-200 

to  receive  trca^ury  notes  in  payment  of 
postage  stamps  and  stamped  envelopes,...  200 

certain  balances  remaining  in  the  hands  of, 

to  be  collected  and  paid  over, 249 

Pott- Office  Dtpurlment, 

expenses  of,  after  March  1st,  1863,  to  bo 
paid  out  of  its  own  resources, 14 


xxxn 


INDEX. 


Poet-Ojffite  Department,  (continued.) 

csiablished, o^^ 

prin-ipal  officer  of, -^3 

Assistaut  I'osimaster  General  and  ckrks.*..     62 

Messengers h'i,  bl,  210,  262 

clerical  lorce  may  be  increased, 6o,  57 

laborers, 63,  57,  252 

ch'ef's  of  bureaus,  cler'.-s  and  draftsm;in 67 

act  of  jMarcli  7,  1861,  treating  clerical 
force  in,  repealed 57 

emploie^s  of,  to  pass  free  over  railroads 
carrying  the  mails, 105 

appointment  of  chiefs  of  bureaus,  clerks, 
drafisiuan  and  other  eojploj'ees ;  by 
whom  to  be  made, 108 

principal  clerk  allowed  to  each  of  the  bu- 
reaus, and  to  the  inspection  office, 10?-109 

additional  clerks  authorized;  their  salaries,  109 

watchman;  his  salary, 109 

addiiiooal  paj-  allowed  the  disbuising  clerk 
of  the  contingent  and  salary  funds, 109 

the  First  Auditor  of  the  Treasury  to  audit 
the  aucouuts  in, i 113 

appeal  allowed  to  the  Comptrolldr  of  the 
Trctigury, 113 

report  by  Auditor  to  the  Postmaster  Gen- 
eral   113 

Auditor  to  keep  accounts  and  vouchers  and 
report  delinquencies  of  postmasters, 113 

to  close  acfouals  quarterly, 113 

to  register,  charge  and  countersign  war- 
rants; other  duties, 113 

to  state  and  certify  quarterly,  accounts  of 
the  moneys  paid, 114 

to  supcriuteud  the  collection  of  debts,  pen- 
alties and  lorfeitures,  and  direct  suits,  Ac.'  114 

to  have  charge  of  lands  and  other'property 
assigned,  &c.,  to  the  Confederate  Mates 
in  payment  of  debts  due  on  account  of 
the  Post-Office  Department  and  to  sell 
and  dispose  of  the  same 114 

clerks  to  be  appointed  to  aid  the  First  Au-  ^ 

ditor   in    auditing   the    accounts ;    their         ^ 
Salaries, 114^ 

Auditor  may  send  communications  relating  ^ 

to  post-ofliee  business  free  of  charge, 114  f^ 

disbursing  clerk  for  the  department, 116  / 

permanent  clerical  force  increased 252  / 

■  appointment  of  additional  clerks  in  the  > 
office  of  the  Auditor  of  the  Treasury  for  | 
the  department, 252/ 

one  of  the  clerks  to  sign  Auditor's  name  so  / 

as  to  frank  mail  matter, 252  J 

Poet-Offices  and  Roads,  f 

may  be  established  by  Congress, 14  \ 

Post  Routes,  ) 

established, 119,  189,  197-198,  239,  266-268  > 

Powder,  ] 

contracts  for  the  manufacture  of, 28  J 

Powder  Mills, 

contracts  for  the  establishment  of, 28 

Practice, 

court  of  admiralty  at  Key  West,  Florida, 
to  confoim  to  the  practice  of  the  district  "i 

courts, 61 ) 

may  make  rules  of  practice, 61; 

practice  of  the  district  courts, 81-82  ^ 

practice  in  civil  casts  in  the  district  courts  ^ 

in  certain  Indian  territories, 273  { 

in  criminal  cases, 274^ 

Presents,  ^ 

not  to  be  received  by  officers  of  the  Confed-  J 

erate  States 16' 

President  of  the  Confederate  States,  \ 

his  term  of  office, ,,...     17 


President  of  the  Confederate  States,  (eontinned.) 

electois  of;  number;  how  appointed, 17 

who  cannot  be  elector, 17 

how  and  where  to  meet,  and  choice  of  Pres- 
ident,      17 

qualificalions, 18 

vacancy  in  (ffice, 1* 

compensation  and  oath,... 1 

powers  and  duties, 13 

may  veto  bills 13 

proceedings  in  case  of  impeachment, 12,  20 

cannot  pardon  in  case  of  impeachment, 18 

election  of, ;...22,  122 

when  to  be  inaugurated, 122 

private  secretary, ....29,  63 

messenger 53 

to  contract  for  tiie  purchase  of  small  arms 
and  mnnitions  of  war.  and  for  the  estab- 
lishment of  powder  mill--, 28 

to  appoint  (he  oBiccrs   of  the  general  staff 

of  the  army, 39 

•     to  borrow  money  on  the  ci'edit  of  the  Con- 
federate States,. 48 

to'asi-uiue  control  of  military  oper.T,tions  in 

every  State 43 

to  receive  from    the    States    the  arms,  Ac., 

acquired  from  the  United  States 43 

to  receive  forces  in  the  service  of  the  States 
or  who  may  volunteer,  and  appoint  their 

general  officers, 43-44 

may  employ  militia,  militarygpnd  naval 
forces,  and  ask  for  and  accept  volunteers, 

45,  176 
may  purchase  and  equip  vessels,  &o.,  fit  for, 
or  easily  converted  into,  armed  vessels,...     46 

to  appoint  all  officers  of  the  army, 48 

may  appoint  to  the  lowest  grade  of  subal- 
tern officers  meritorious  non  commission- 
ed officers, 48 

may  enlist  master  armorers,  carriage  makers, 

&c.,  for  ordnance  service, 60 

to  call  into  service  only  such  troops  as  the 
safety  of  the  Confederacy  may  rt quire,...     51 

to  cause  treasury  notes  to  be  issued, 64 

to  appoint  commercial  agents  or  consuls  to 

foreign  ports, 65 

to   cause   to    be   constructed  or  purchased 

steam  gun-boats  for  coast  defence 65 

to  appoint  attorney   and   marshal   for   the 

court  of  admiralty  at  Key  West,  Florida,     66 
to  appoint  second  auditor  of  the  Treasury,.     66 
to  appoint  commissioned  officers  of  the  navy, 
and  employ  masters,    midshipmen,  engi- 
neers, &c., 70 

to  determit  e  the  relative  and  a^fimilateJ 
rank  which  officers  of  the  navy  shall  hold 

toward  those  of  the  army, 75 

to  make  appointments  of  inferior  officers,...     75 

to  appoint  district  attorneys, 81 

to  appoint  during  recess  of  Congress  all  of- 
ficers, civil,  military  and  naval, 89 

toappoint  commissioners  to  the  government 

of  the  United  States, 92 

furnished  mansion  to  be  leased  for  the  resi- 
dence of, 95 

authorized  to  use  the  whole  land  and  naval 
forces  to  meet  the  wiir  with  the  United 
States  and    issue   letters  of  marque  and 

reprisal, 100 

may  revoke  letters  of  marque  and  reprisal,  101 
to  give  inslruciions  to  the  officrsand  crews 

of  vessels  commissioned, 102 

may  accept  the  fei vices  of  volunteers  and 
appoint  field  and  staff  offices, 104,  106 


INDEX. 


XXXlll 


Presulent  of  the  Confederate  Stntcn,  (continued.) 
may  receive  into  the   service   companies  of 

li^iht  iirtillery, 105 

power  over  telegraph  lines 106-107 

may  increase  the  torps  of  engineers 115 

may  appoint  military  storckeipors 115 

may  assign  officers  of  the  army  to  staff  duty 

with  viiUjuteers  or  provisional  troop? 115 

may  continue  appointment-^  made  by  him  in 

the  military  and  naval  service 1 1  (5,  217 

may  i  rant  commissions  to  officers  to  raise 
and  command. volunteer  regiments,  Ac., 

of  persons  from  certain  States 174 

to  receive  and  muster  into  the  fervice  vol- 
unteer troops  in  the  State  of  Missouri....   184 
to  announce  hy  proclamation  the  iMloption 
by  Missouri  of  the  provisional   Couslilu- 

tion  of  the  Confederate  State?, 184 

to  determine  to  what  nations    the   commis- 

gi.iner.s  now  in  Kuropo  shall  be  accredited,  185 
to  nppoii.t  two  other  conimis.-ioncrs  to  for- 
eign nations,  and  their  tecretaries, 185 

may  appoint  aids  de-camp  for  his  personal 

ftaff. 

authori/.eJ  to  inflict  retaliation  on  the  per- 
sons of  prisoners, 

to  appoint  commissioners  under  the  seques- 

traiiiin  net 

proclanialion  of,  calling  an  extra  session  of 

Congress,  , ; 219 

may  delegate  power  to  one  or  more  officers 
to  affix  his  s-gnature  to  commissions  in 

the  armj', 222 

may  appoint  and  commission  persons  as 
field  otlicers  or  captains  to  raise  regiments, 

squadrons,  Ac, 248 

may  call  upon  the  several  States  for  troops 

to  serve  for  three  years  or  during  the  war,  252 
custody  of  the  returns,  ic.  of  the  electoral 
voles  for  President  and  Vice  President,... 
Prenident  of  Congre^i, 

duties  of,  in  putting  in  operation  the  gov- 
ernment under  the  permanent  Constitu- 
tion,  

Press, 

freedom  of  secured 16 

Price,  J!"J„r  (iciieral  Sterling, 

thanks   of  Congress   tendered    to,  and   the 

Missotiri  army  under  his  command, 279 

Printimj.     See  Public  Printing. 

of  works  of  aliens  not  prohibited, 160 

Printintj  lia.eaH, 

established, 41 

its  chief  officer,  and  by  whom  appointed,...     41 
Prieonerit, 


188 
198 
205 


23; 


2G8 


Prizes,  (continued.) 

notice  of  sale, 112 

terms ■.'"   112 

purchaser  may   pay  the  money  or  give  his 

prou9isary  note .". 112 

payment   by   the   marshal    of  proceeds   of 

sale, 112 

commis-ion  allowed  mars'  al  for  selling 112 

marshal  to  file  account  of  the  sales  and  of 
all  duties  and  charge.',  wib  a  statement 
of  the  notes  taken;    penalty  lor   failure; 

how  recovered, 113 

removal  of  prize  vessel  or  property  from  one 

port  to  another, 113 

distribution  of  the  proceeds  of  the  sale  of 
ship  A.    B.   Thompson,  condemned   as  a 

rf'^c 169 

relinquishment  on  the  part  of  the  govern- 
ment to  its  share  in  certain  prizes, 271 

Process, 

how  directed  where  mirshal  or  his  deputy 

is  a  party 75 

marshal  or  his  deputy  to  execute  process 
till  next  term  oT  cor.rt  after  his  removal 
or  the  expiration  of  1  is  term  of  office,....     76 

in  who.*e  name  to  bear  teste 76 

issued  from  the  district  court  to  be  under 
seal  of  the  court  and  signed  by  the  clerk,     77 

form.s  of, 77^  273,  274 

mistakes  may  be  amended, 80 

persons  under  arrest  on  process  issued  from 
the    United    States    courts   continued  in 

ci'st'xly- ••• 86 

process  issuing  on  any  criminal  charge  from 
I  any  of  said    courts  continued    in  force  ;    to 

I  what  Court  returnable, S6 

I  when  and  how  citation  may  bo  served, 264 

',  Procldmntion, 

I  by  the  President,  calling  an  extrasession  of 

]  Congress, ;  219 

i  Proliiliitioii, 

I  supreme  court  may  issue  writ  of,  to  the  dis- 

j  irict  courts  when  proceeding  a?  courts  of 

I  admiralty  and  maritime  jurisdiction, 83 

I  Property, 

/  power  of  Congress  over  the  property^  of  the 

I  Confederate  States, 2I 

I  new  territory  may  be  acquired, 21 

>  ferpetuating  testimony  in  cnscs  of  slaves, 

^  abducted  or  harbored  by  the  enemy  and 

-,  of  other    property    seized,  wasted    or  de- 

s  stroj'eJ  by  them, 207 

J  Proviaionnf,    Constitution, 

(  publicatirn    of,  with    the  a.uto!»ranh    signa- 


r     ■      ,        c  X  J         :,  .  /  tures  and  flag  and  seal  of  the  Confederacy.     91 

of  war;  transfer,  custody  and  sustencnce  of,  I5i  f  Provisional  Forces, 


officers,  crew,  Ac,  of  unarmed  vessels  not 
to  bo  held  as  prisoners  of  war, 154 

retaliation  on  the  persons  of, 198 

Private  ContribittioHs, 

reception  and  forwarding  of,  for  the  army,..  209 
Private  Secretary  of  the  President, 

appoiiitmont, 29 

salary, 29,  53,  149 

Prixes, 

forfeiture  of  captures  and  prizes  of  vessels 

and  other  property, 101,  , ,, , 

di'tribut.on  of, 101  ^  Puhlir  Printer, 

fivo  per  cent,  of  prizo  money  and  salvage 
to  be  paid  to  collectors  of  customs,  con- 
suls or  olhir  public  agents 103 

money  to  consiiiute  a  fund  for  the  support 
of  iho    widows   and   orphans   of  persons  ', 

killed 104  ' 

sale  of  prizes, 112,  208  '' 


<  act  to  raise 43 

<  Provisional  Gorci-njnent, 

/  Constitution  of, i_3 

J  Publication, 

',  when  and   how  citation  may    be  served  by 

;;  publication  in  a  newspaper 264 

5  as  to  the  printing,   pubiieation,  <tc.,  of  the 

^  laws.     See  Public  Priutinn,  and, 

',  .  39-40,  172-173,  277 

^  Public  Defence.     See  Army. 

provision  for, 45 


< 


acts  and  journ.als  of  Congress  to  bo  deliver- 
ed to;  to  publish  and  bind  the  same; 
compensation  therefor 40 

compensation  for  job  printing 40 

for  bills,  resolutions  and  reports 40 

for,  rules,  constitutions   and   other   pam- 
phlets,      40 


XXX17 


INDEX. 


Public  Printer,  (coutinued.)  t 

for   yeas  iind   nays,    circular   letters  and  / 

other  miscellaneous  printing, 40  i 

for  paper, , 40  ^ 

extra  I'ay  allowed  forworit  done  for  Con-  ^ 

gres.-i  when  in  secret  i-ession, 40  / 

accounts  for  printing;    how  made   out  and  < 

certified > 40-41  ^^ 

appointment  of  printer  to  Congress  while  it  ;■ 

holds  its  sessions  in  Blontgomcry, 90  ;' 

style  and  quality  of  work, 90  ; 

compen-aiiiju, 90  s 

to   print  the    laws  aud   resolutions  of  Con-  ;; 

gross,  aud  treaties;  compensation, 172-1^3  ; 

Public  Prill  tin  (J, 

as  to  the  printing  of  the  acts  and  resolutions  ( 

of  Congress,  provisional  apJ   permanent  i 

Constitutions    and   treaties.      See  Law^,  i 

ana, •.:i9, 149,  155,  172-173,  277  > 

how  acts  to  be  arranged, 39,  172  f 

jouroal    of  proceedings  of  Congress    to  be  i 

publishtd, , 39  J 

acts  and  journals  to  be  delivered  to  public  ( 

printer:  his  duty, ■.».....• 40  j 

printing  of  the  laws  to  be  executed  by  the  ^ 

public  printer, 172-173  ) 

acts  to  be  bound, 40,  172-173,  277  < 

compensation  of  public  printer  for  the  pub-  \ 

lication  of  the  laws  and  journa:s, 40,  173  \ 

heads  of  departraects  to  contrast  for  print-  ] 

ing  for  their  offices, 40  ^ 

accounts  for  printing;    how  made  out  and  < 

certified 40  \ 


usual  fees  to  be  paid  for  advertisements  in 


public  gazettes, 41  } 

printing  on  parchment, 41  } 

post-ofiice  blanks, 40  > 

superintendent  of  printing  to  audit  and  al-  , 

low  accounts   for   printing   to  authorize  ; 

payments, 41  j 

appeal  allowed  from  his  decision, 41  5 

style  and  quality  of  work  required  of  print-  ', 

ers  to  Congress  while  holding  its  sessions  s 

at  Montgomery,.. 90  j 

printing  for  judiciary  committee  of  Congress,  91  ^ 

printing   for   the   standing    committees   of  ' 

Congress, 92  t 

advertisements  in  public  gazettes, 41  5 

Public  Printing,  Superintendent  of,  / 

appointment, 41  ; 

eligibility  to  office, 41  ; 

duties, '. 41  ^ 

to  audit  and  allow  accounts  for  printing  to  '. 

auth'rir.e  payment, 41  i 

appeiil  from  his  decision, 41  < 

salary, HI  '/ 

messenger  in  his  office, -^^M 

publication  of  the  laws,   Ac,  under  his  di-  (, 

rection  and  supervision, Ill,  172  / 

may  contrict  with  publishers  of  newspapers,  111  ' 
authorized    to  contract,   by  advertising  for  / 

sealed  proposils,  for  all  necessary  paper.  111  ( 
contractor  to  furnish  paper  as  the  superin-  ^ 

tendent  shall  require;  bond  and  security,  111  / 
orders  for  printing  by  Congress  or  any  of  the  ^ 

departments  to   be  sent  to;    duties  of  su-  '> 

perintendent  in  respect  thereto, Ill  ; 

to  furnish  paper  for  the  printing  of  the  laws,  > 

&c.,  of  Congress, 173,277-278  ;; 

to  contract  for  the  binding  uf  the  same, 173  i 

Puniahmente.     Sec  Crimea  and  Punishmentg,  ] 

exceesive,  prohibited, 16 


Q. 


treaty  betweoo  the  Confedpr»te  States,  and, 

of  Oct.  4,  1861, ., 38(j 

Quartering  Soldiers, 

in  piivate  houses,  restrained,.......,. Ifi 

Quartermaster  General'a  Department, 

officers  in, 39,62 

their  rank  and  pay, 39,  62 

to  discharge  the  duties  of 'paymasters, ■   39 

not  to  assume  the  command  of  troops, 39 

appointment  of  additional  officers  in, 46 

bond  and  security  required, 46 

pay  aud  emoluments, 46 

how  long  to  continue  in  service, 46 

quartermaster  general  and  his  .assistants  not 
to  be  concerned   in  certain  purchases  or 

sales, 51 

increased 115 

clerks  and  their  salv.ries 52,  194 

transfer  of  funds  from,  to  the  Ordnance  De- 
partment,   256 

Quarterinasters, 

to  give  bond, 51 

of  marine  corps,  required  to  visit  the  posts 
where  portions  of  the  corps  may  be  sta- 
tioned,      74 

auditing  of  claims  of  assistant  quartermas- 
ters general, 241 

appointment  of  quartermasters  at  perma- 
nent posts  and  depots, «  275 

detail  of   person   from    the    ranks    to 

serve  in  their  offices, 275 

Quarters, 

allowance  of;  how  fixed  and  furnished, 50 

may  be  commuted, 50 

Quorum, 

of  Senate  and  House  of  Representatives,...     13 

of  Senate,  for  choice  of  Vice-President, 18 

of  House  of  Representatives,  for  election  of 
President, , ..,.. 17 


R. 


Bailroads, 

classification  of,  on  which  themaflsare  con- 
veyed,   105 

compensation  .allowed  railroad  companies 
for  carrying  the  mail, 105 

additional  pay  for  night  service, 105 

employees  of  the  Post-Office  Department  to 
pass  free  over, 105 

connection  of  the  Richmond  and  Danville 
with  the  North  Carolina  railroads  for 
military  purposes, 258 

appropriation  for  this  purpose, „  259 

advancement  to  complete  the  railroad  con- 
nection between  Selma,  Alabama,  and 
Meridian,  Mississippi, *. 276 

Bank, 

relative  rank  of  officers  in  the  army,  how 
determined, •■•..     62 

relative  rank  of  officers  of  the  navy  towards 
those  of  the  army, 75 

relative  position  of  officers  of  the  navy  of 
the  United  States  who  hare  resigned  and 
received  appointments  in  the  navy  of  the 
Confederate  States, 87 

rank  of  general,  established  as  highest  mil- 
itary grade, ll'"* 


INDEX. 


XXX? 


127  / 
170  / 
209  I 


188 


225 

/ 
I 
I 

228  I 
228  ' 

238  ' 

258  \ 


Rank,  (continned.) 

temporary  rank  and  command  conferred  on 
officers  of  Ibe  armj',  for  service  with  vol- 
unteer troops, •• 

of  officers  of  volunteer  forces 

of  civilians  appointed  staff  officers 17), 

of  aiiis-de-carap  for  PrcsitlcDL's  personal 
staff •;•■ 

of  certain  officers  who  coinuienccd  strvice 
before  rcceivinj;  their  coininis.-ion.», 

temporary  military  rank  conferred  on- offi- 
cers of  the  navy  ordered  to  do   duty   on 

•  shore  with  troops, 

to  retain  their  rank  in  th.^  navy 

temporary  rank  and  command  on  officers  of 
the  army  on  duty  in  certain  bureaus, 

and  on  officers  of  the  marine  corps  doing 
duty  with  troops 

rank  of  commissioned  offlccr^  who  coutinuo  ( 

in  service  by  ro-electi  "i  tn  date  from  the  | 

time  of  their  original  election  or  appoint-  / 

ment, 271  ? 

Rations,  '/ 

of'enliated  men  of  the  army, 50-51,  120  ; 

issued  in  kind, 51  ; 

commutation  value,  huw  fixed, W 51  / 

of  enlisted  marine;", 121  ) 

allowed  chaplains  in  the  army, 210  !; 

daily  rations  of  fresh  vegetables  to  be  fur-  .; 

nished  troops, •  214  / 

Receipts  and  E.cpenditnren,  '/ 

Statement  of,  requircl  by  Constitution  to  be  t 

published,.... .". 15^ 

Heceivern,  .  / 

appointment  of,  under  sequestration  act,....   202  ;; 

bond, ;. '"2  ;! 

term  of  office, 202  J 

sub-division  of  districts    aud   appointment  ;; 

of  their  receivers, 202  ', 

oath, 202  ' 

duties.    See/SegucsfrnrtoM,  aud,  202-206, 2(50-266  ', 
rendition  and  settlement  of  their  accounts,  '; 

204-205,  2&0,  266 

accounts  to  be  recorded, ,.' • ^05  !; 

to  pay  balances  found  against  them, 205  ; 

punishment  for  embezzliug  money, 205  i 

may  have  instructing  of  the  court  or  judge,  206  ,■ 

compensation 20(5,  ?63  , 

to  pay  t;iXC3  on  property  of  alien  enemies,..  227  ; 
when  to  give  collector  certificate  of  amount  ;, 

of  taxes  due  on  such  property,... 227  ', 

to  take  and   account   for   property  of  alien  < 

enemies  sold  for  taxes  and  afterwards  re 


Records,  (continued.) 

also  of  papers  of  every  kind  p?rlaining  to 
judicial  proccediims  in  any  of  said  courts 
and  to  suits   decided    therein,  or   to  any 

land  office ^* 

copies  of  said  record«  and  papers  admissi- 
ble in  evidence, 84 

trans^criptof  tiie  record  in  any  case  pending 
in  the  supreme  court  of  the  Unitod  States 
on  appeal  or  writ  of  error,  may  be  filed 
in  tlie    supreme  court  of  the  Confederate 

States, 85,  156 

preservation  of  rcords  i.f  Congress 90 

validity  and  authentication  ol  proceedings 
of  district  courts  in  Indian  territories,....  274 
Recruiting, 

reoruitirg  g,nd  enlisting  men  for  companies 

reduced  by  death  and  discharges, 226 

companj'  commissioned  officers  to  be  detail- 
ed for  this  duty 226 

officers  and  privates  may  be  detailed  to  re- 
cruit for  companies 248,  254 

entitled  to  transportation, 264 

recruits  to  be  mustered  at  the  time  of  enrol-    • 
ment ;    transportation,  bounty   and   fub- 

siatence, 248,  254 

personsmay  be  appoi  ted  and  commissioned 
as  field  officers  or  captains  to  raise  regi- 
ments, squadrons,  Ac.     Their  pay, 248 

officer  to  receive  an  appointment  propor- 
tioned to  the  force  he  recruits 249 

of  companies  of  voluntdfcs,  now  in  the  ser- 
vice for  twelve  months, 254 

companie.-!  recruited  may"  elect  their  com- 
missioned officers, 254 

pay  and  bounty  of  enlisted  recruits, 254 

to  whatnutnber  companies  may  be  recruited,  254 
when    the    recruiteil    men  of  one   company 
may    combine  with  the  recruits  of  other 
companies  so  as  to  form  complete  compa- 


nies, . 


254 
254 


deemed, 227-228  ]  Registries  of  the  Courts, 


wbeil  recruits   may   be   assigned   to   other 

companies, 

Recruiting  Stations, 

for  volunteers  from  the  States  of  Kentucky, 

Missouri,  Maryland  and  Delaware, 196 

Redress  of  Grievances, 

right  to  peti  ion  for, 16 

Register  of  the  Treusuri/, 

appointment, ?>0 

salary, -SO,  53 

duties, 31 

clerks  aud  einidoyces  in  his  bureau  ;    their 
salaries, 52,  259 


may  administer  oaths 266^ 

John    D.    Morris,  of  Kentucky,    appointed  J 

receiver  under  the  sequestration  act, 280  / 

Receivers  of  the  Courts,  [ 

moneys  heretofore  paid  intd  the  receivers  of  5 

the   courts   of  the    United    States    to   bo  'i 

withdrawQ^nd   deposited  in  the  Treas-  ' 

ury, M. 168-169  j 

moneys  hereafter  deposited  in  the  courts  of 
the    Cjnfederate   titatos    to    be   likewise 

transferred, 1G9 

Records, 

copies  of,  in  ibe  State  and  Treasury  Depart-  ^ 

ments  authenticated  under  seal  received  ' 

in  evidence, 30,  31  ;; 

transcript  of,  on  appeal, 83^ 

transfer  of,  in  suits   ponding   in  the  circuit  j 

or  district  courts  of  the  United  States  to       .  / 
district  courts  of  the  Confederate  States,     84  ; 


moneys  heretofore  paid  into  the  registries  of 
the  courts  of  the  United  States  to  bo 
withdrawn  and  deposited  in  the  Treas- 
ury^  163-169 

moneys  hereafter  deposited  in  the  courts  of 
the   Confederate    States   to    bo   likewise 

transferred, 169 

Rcid  aud  Shorter, 

appointed  publio'  printers, 90 

compensation, 90 

Religion, 

rcli'^ious  establishment  prohibited, 16 

Represe7itation  in  Congrevs, 

how  representatives  apportioned, 11 

ratio  of  representation  limited, 11 

vacancies  in  the  representalioi^;  how  filled,     12 

basis  of, 123 

number  of  representatives  to  which  tho 
States  of  Virginia,  North  Carolina,  Ten- 
nessee and  Arkansas,  entitled, 122-12S 


XXXVl 


INDEX. 


SepricveSy 

power  of  President  to  graut, 

lieprisal, 

power  of  CoDgress  to  grant  letters  of  re- 
prisal,   

no  State  to  grant  such  letters, , 

Jiesolntionn, 

appoiuting  Messrs  Rcid  and  Shorter  print- 
ers to  eungie.-s, 

accepting  Iho  apprnpriatiou  of  $Jl)0,0:  0, 
made    by  the    (Jeueral   Assembly   ot  the 

St;ite  of  Aliibania, 

for  the  preservaiiou  of  ihe  records  of  Con- 
gress,   

in  re^jard  to  the  ^tiitc  of  North  Carolina, 
and  the  commissioners  from  said  State  to 

Coiigres.-' 

in  relaiiun  to  the  occuijation  of  the  forts  and 

arsenal.^,  &c 

authorizing  the  Secretary  of  Congress  to 
arrange  for  publication  the  provisional 
Constitution,  with  the  autograph  signa- 
tures of.ihe  mumbers,  and  flag  and  seal 

of  the  Confederacy, 

to  authorize  tlio  judiciary  committee  to  have 
such  uiatttr  printed  as  they  may  desire  to 

lay  before  the  C  ngress, 

to  contiuue  in  office  the  otticers  of  the  cus- 
toms,  

giving  cert;iiu  powers  to  the  committee  on 

uaval  alf iiis,...i> ." 

to  provide  lor  print  ng   for  the  committees 

of  the  Congess, 

for   the  appointment   of  commissioners    to 

the  Government  of  the  Uniied  States, 

for  the  eLforoemeut  <f  the  revenue  laws,.... 

to  provi.lc  a  i  exeou;ive  mansion, 

in  relation  to  patents  and  caveats, 

in  relation  to  international  copj'-rights, 

to  continue  ihe  mints  at  New   Orleans  and 

Dahlonega,  

providing  lor  a  digest  of  laws, 

accepting  certain  funds  tendered  to  the 
Confederate  Stales  by  the  State  of  Loui- 

Mana 

in  reference  lo  forts,  do';k-yards,  reserva- 
tions and  property  ceded  to  the  Confede- 
rate States, 

in  relation  to  tht  contingent  fund  of  Con- 
gress  

to  provide  for  the  auditing  and  payment  of 

ceitjin  claims  against  the  Congress, 

of  thanks  to  Brigadier  (General  G.  T.  Beau- 
regard and  the  armj'  under  his  command, 
for  their    conduct  in  the  affair  at  Fort 

Sumpter. 

to  extend  the  provisions  of  a  re.'^olution  ap- 
proved March  4,  1861,  relating  tc  patents, 

"  to  citizens  of  all  slave  States, 

in  regard  to  military  expenditures  made  by 

the  State  of  South  Carolina, ;..... 

in  relation  to  marine  hospitals, 

in  relation  to  iitports  from  the  States  of 
Virginia,  North  Carolina,  Tennessee  and 

Arkansas, 

in  relation  to  certain  accounts, 

rescinding  a  resolution  providing  for  a  di- 
gest of  laws,  approved  March  12,  18(il,.. 
in    regard   to    the   clerical    department   of 

Congress,  ^. 

to  provide  for  the  removal  of  the  seat  of 

government, 

in  reference  to  printing  the  tariff  act,  and 
other  documents  connected  therewith, 


18 


90 


PO  i 


90 


Jieaolttiions,  (continued.) 

regulating  the  payment  of  unadjusted  ac- 
counts,..   165 

to  confer  certain  powers  on  the  Secretary  of 
t'ne  Treasury, 1G5 

to  dispose  of  donations  made  by  certain 
churches  on  the  late  fast  day, 212 

in  relation  to  the  first  regiment  of  North 
Carolina  volunteers, 212 

of  thanks  to  (Jenerals  Joseph  E.  Johnston 
and  GuStave  T.  Beauregard,  and  the  offi- 
cers and  troops  under  their  command  at 
the  battle  of  Manassas, 212 

touching  certain  points  of  maritime  law, 
and  defining  the  position  of  the  Confede- 
rate States  in  respect  thereto,,* 213 

in  relation  to  the  equipments  of  volunteer 
cavalry  companies, 213 

concerning  Brigadier  General  Ben  McCul- 
lough, 213 

in  relation  to  drill-masters  appointed  by 
States 2U 

to  provide  troops  in  tlje  field  with  bread  apd 
fresh  provisions, 214 

in  regard  to  certain  moneys  of  the  Con- 
gress.      214 

in  respect  to  the  accounts  of  the  Con::ress,.  215 

authorizing  the  transfer  of  funds  to  foreign 
parts, 279 

for  the  relief  of  the  "Lumberton  Guards,".  279 

of  thanks  to  i\lajor  General  Sterling  Price, 
and  the  officers  and  soldiers  under  his 
command, a 279 

of  thanks  to  M.ijor  General  Leonidas  Polk, 
Brigadier  General  Gideon  J.  Pillow, 
Brigadier  General  Bcnj'n  F.  Cheatham, 
and  the  officers  and  soldiers  under  their 
commands, 2S0 

to  make  an  advance  to  the  State  of  South 
Carolina, 280 

appointing  John  I).  M(  rris,  of  Kentucky,  a 
receiver  under  the  act  of  sequestration, 
approved  August  30,  1861, 2S0 

of  thanks  to  Brigadier  (xcneral  N.  G. 
Evans,  and  the  otEcers  and  soldiers  un- 
der his  command, 281 

relating  to  Maryland,... 281 

of  thanks  to  Col  inel  Edward  Johnson,  his 
officers  and  men, 282 

in  reference  to  the  arms  of  the  volunteers  • 

for  twelve  months, 282 

supplemental  to  the  resolution  appointing 
John  D.  Morri?,  of  Kentucky  a  receiver 
under  the  sequestration  a«t, 282 

in  regard  to  the  transfer  of  certain  Indian 
trust  funds, .'. 283 

?  Retaliation, 

/  on  the  persons  of  prisoners, 198 

163  /  Eescrced  Rights, 

/         what  are  reserved  to  the  States  or  the  peo- 
163)  pie, ^. 22 


90  / 

/ 
/ 

91^ 

I 
/ 
/ 
I 
I 

91 ; 

A 

A 

I 

92  ^ 

/ 
I 

92  I 
92  \ 

92 ; 

9::f! 


93  I 

94 


94  I 

I 

95  ', 

I 

95  \ 


163 


Revenue, 


power  of  Congress  to  raise, 13,  14, 17 

plan  to  be  reported  to  Congress  for  the 
diminution  of  the  expenses  of  collecting 

the  revenue, 91-92 

penalty  against  certain  persons  for  violat- 
ing the  aets  for  the  collection  of  the  re- 
venue,    103 

^  Revenue  Laus, 

'i  to  be  enforced  against  all  foreign  countries, 

<  except  the  State  of  Texas, 92 

165  ;>         jurisdiction  of  district  courts  under, 163 


164  >, 
164  \ 

164  •; 

I 

164  < 

1 


INDEX. 


xxxvu 


Htveiiuc  Service, 

persons   who  were  officers   in   the  revenue 


Seah,  (continued.) 

seal  f  r  the  Treasury  Department;  copira 
of  records,  &.<:.,  under,  received  aa  evi- 
dence  , ^» 

of  the  district  and  supreme  courts, 75-77 

for  patent  olfice, t-^" 


service  of  the  United  States  may  be  em- 
ployed in  the  naval   or  military  service ;  ^ 

salary, ' 220  , 

Revival,  _„  (   „ 

Qf  guits  70  ^  Seamev, 

when  su'iTma^y  be  revived  by  xcire  faciax,..     79  ',  eulistment  of  additional  seamen  for  the  war    2.3 

nice,  '/  bounty  to, IM-^'i.i 

export  of,  except  through   the  sea-ports  of         /  S.archcH, 

the  Confederate  States,  prohibited 170;  freedom  from  nnreason:ihle, 10 

Pg}(g  /  Search   W'airautg, 

what  are  reserved  to  States  or  the  people,...     22  '/  what  prohibit,  d  by  Constitu-ion, 15 

f  Sea  Sen-ic'e,, 

defined, , '^ 

^  Sent  of  G'-renimeiit, 

]  appro|>riati(ii)  to  defray  expeupcs  of  rCTtiov- 

ins  the.  from  Moutgomery  to  Ricbmon<>, 

1G}-T62 
removal  of,  authorized  and  provided  for,-...  165 
Second  Auditor.     See  Auditors.  v 


Rules, 

of  war,  established. 51 

Irvws  of  the  several  States  lo  be  the  rule  of 
decision  of  the  courts  of  the  Confcderalo 

Slates, ^7 

where  the  decision  of  the  highest  court  in  a 
State  has  become  a  rule  of  property  the 
same  adopted  iis  a  rule  in  the  courts  of 


the  Conlelcratc  States 77  J  Secrcturifx.     See  the  several  heads. 


district  courts  may  m.ake  rules  for  the  con- 
duct and  dispatch  of  business 81 


Subine  Pa's. 

collection  district,  establifhed. 


121 


port  of  entry  for  said  district, 121  J 


;  appointment  of  assistant  secretaries  ma(!« 

^  Executive  appointments, 241 

J  Securilif  for  Costs, 

?  how  required, ^^ 

?  when  suit  dismissed  if  not  given, 81 

',  Seminole', 

'i.  treaty  between  the  Confederate  States  and, 

of  August  1st,  1861, ;*-2 


Sales, 

of  real  estate  for  taxes ;  deed  to  the  pur- 
chaser,  

right  of  redemption,   

of  properly    under   the   sequestration    act. 

Sec  sef/ticstratioH,  and 205,  260, 

of  sequestered   property    of  alien    enemies 

for  taxes, 

redemption  of, 

Salvage, 

vessels  and  other  property  of  citizens  and 
others  re-captured,  to  be  restored  to  own- 
ers on  payjient  (if  salvage, •• 

distribution  of  salvage, 

salvage  to  be  i  aid  to  collectors  of  customs, 

consuls  and  other  public  agents, 

money  lo  constitute  a  fund  for  the  support 
of  widows  and  orphans  of  persons  killed,  104 
Sappers,  .  .„ 

comp.any  of  sap  lers,  miners  and  potonier*,     4/ 

officers,  and  their  duties, ^^ 

additional  company  of  sappers  and  booiba 

diers, '^^ 

Sappers  and  bornhadier-i, 

addiiional  company  of,  added  to  the  milita- 
ry e.-itablishinent, 119-120 

vehicles,  arms,  pontons,  Ac,  for  the  service 

of  said  company •*••••  ^20 

monthly  pay  of  otiieers  and  privates, •  120 

allowauces  to  the  commissioned  officers  and 


180 
181 


227 
287 


101 
101 


103 


12 


12 
12 
12 
13 
13 
18 


122 


li2 


torage. 


120 


rations  and  allowances  for  the  enlisted  men,  120 
Science  and  Arts, 

power  of  Congress  to  promote, It 

Scire  Facias, 

power  to  issue  writs  of,  given  to  the  diMrict 
and  supreme  courts,  and  the  judges  Ihere- 

of, l^ 

when  suit  may  be  revived  by, 79 

Seals, 

great  seal  of  the   Confedciato  States  t.>  bo 

kept  and  affixed  by  the  Secretary  of  State,     30 
seal  for  Slate  Department;  authentication 
of  records  and  papers  under, 30 

31 


Senate, 

members,  hnw  chosen  and  chissincd,.* 

qualification:  ((uorum:  adjournment;  privi- 
leges ;  disqualifications, 12,  13,  13 

cannot  be  presidential  electors, 17 

vacancies;  how  filled, 12 

Vice  President  to  preside,  but  not  to  vote,..     12 

President  pro  tern.,  when  to  be  chosen, 

sole  power  to  try  i;npe:ichments, 

proceedings  in  impeachments, 

inay'propose  amendra<uts  lo  money  bills,.... 

may  pass  bill  over  President's  veto, 

may  concur  iu  making  treaties 

may  advise  and  cjusent  to  appoiutrnv-nls  by 
President •     18 

when  mcm\icr.^  to  assemble  at  scat  of  gov- 
ernment,  

t-lection    of   President   of    the   Senate 
tempore, 

Senators, 

election  of,  for  the  First  Congress, 187-188 

Scnecas  and  Sharniie'S, 

treaty  between  the  Confederate  States  and, 
of  Ocl.  4,  18R1, 374-386 

\SequfHtralion,  ^ 

of  properly  of  alien  enemies, -<01 

for  what  purpose, 201 

who  not  to  be  taken  as  alien  enemies 281 

not  to  .aptdy  ti>  certain  stocks  or  other  pub- 
lic securities, ••• -"1 

nor  to  embrace  the  property  of  the  ciiiacna 

of  certain  States  and  Territories, 201 

duty  of  citizens  to  notify  officers  of  prop- 
erty sequestered, 211 

attorneys,  agents,  foru^cr  partners,  trustcco 
and  other  fiduciaries  to  give  information 

to  receiver,  and  render  ac  ount, 2Ui,  2S1 

acquitted  of  responsibility  lor  property  re- 
ported and  turu'id  over;  piinally  for  lail- 
uro  ;  liable  to  be  sued  by  the  Confederate 

States, 2G2 

act  to  be  given  in  charge  to  grand  juries; 
their  duty, *<>' 


XXXVIU 


INDEX. 


Seqxiesf ration,  (continued.) 

receiver  to  take  copy  of  report  of  the  grand  r 

jury  and   possession  of  the   j  roperty  re-  ) 

Dorted,  and   proceed   to   seqwescrate   the  '/ 

same. ■^-'*  ) 

appointment  of  receiveri;  bond;  tenure  of  J 

office 202  ^ 

sub-division   of  districts   and  appointmeiit  ( 

of  other  receivers, 202  >, 

oath  of  receivers, 202  | 

receivers   to    take   possession,  <fcc.,    of    the  > 

property  of  alien  enemies;    may  sue  for  / 

and  recover  samej  form  of  action, ...202,  263  i 
Eotice  to  person  in  possession  of  or  controll-  ^ 

ing  the  property, , 202  / 

docket'Qg  of  cause, 202  ) 

court  or  judge  may  make  orders  of  seizure  i 

or  sale  to  preserve  property  from  vraste...  20:^  I 
when  property  may  be  left  in  the  hands  of  '/ 

the  debtor  or  other  person ;  security  for  i 

its  safe  keeping,  &c., 203  < 

not   to  apply  to  stocks  or  dividends  or  to  I 

certain  rents, 203  j 

interest  or  profits  of  property  left  in  hands  ( 

of  debtor  or  other  person  to  be  paid  over  ( 

to  receiver,.....' ". 20,3/ 

iwhen  further  security  may  be  required 2(  3  ) 

•when  Court  or  judge  niaj""  order  the  money  > 

due  to  be  demanded  by  the  receiver 203  ) 

notice  of  motion   for  judgment  on  failure  J 

to  pay 20.;i^ 

judgment  and  execution, 203  i 

who  ruay  be  admitted  as  a  defendant, 2li3  ] 

plea;  what  to  set  forth, 203  < 

mode  of  proceeding, 203  ] 

jury  trial, 204^ 

writs  of  garnishment, 204^ 

power  of  court  to  condemn  property  or  debts  ^ 

according   to    answer,    and   to  order  the  / 

bringing  in  of  third  person.?, 204  / 

BO  one  to  be  heard  without  plea, 204  ^ 

judgment  of  the  court  to  protect  garnishee,  204  '/ 
bow   receiver   may   test  the  truth  of  gam-  J 

ishce's  answer, 204  j 

may  propound  jnterroeatorieF,,j.. '. 204  / 

service  ot  copj' ^U4  , 

on  failure  to  answer,  court  may  dispose  of         ;! 

cause,  or  imprison  the  party  in  default,...  204  , 
duty  of  district  attorney:  compensation,...  204  ^ 

receivers  to  render  accounts, 204' 

li.ature  and  character  of  the  accounts, 204  '. 

iX't  required  until  judgment  or  decree  of  se-  ^ 

questration, 204  <; 

court  may,  at  any  time,  require  account  of         ^ 

-  matters  in   litigation,   and   make  orders  / 

touching  same, 204-205  ? 

filial  settlement  of  receiver's  accounts :  notice  ? 

thereof  to  be  published,  <fec., 205  '/ 

district  attorney  to  attend  settlement, 205  i 

interlocutory  settlements  impeached,  205  ] 

final  settlement  conclusive,  unless  reversed  i 

or  impeached  for  fraud, 205  ) 

court  may  direct  sale  of  personal  property,  J 

other  than  slaves, 205  ^ 

accounts  of  receivers  to  be  recorded  and  copy  < 

eentto  Treasurer  ofthe  Confederate  States,  205  ? 
Teceiver  to  pay  balances  found  against  him.  <; 

Execution  to  issue,   on  failure.     Attach-  / 

ment  and  suit  on  his  bond, 205  | 

punishment  for  embezzling  money 205  / 

appointment  of  commissioners;  their  duties;  ? 

salaries, 205  > 

Attorney  General  or  his  assistant  to  repre-  / 

sent  the  interests  of  the  government  be-  ) 

fore  the  eoccimissioners,., ,..,.... 205-2CC  ' 


Sequestration,  (continued.) 

to  prescribe  uniform  rules  of  proceedings,  260-266 

appeals, 206 

the  word  "person,"  what  to  include, 206 

by  whom  oath  to  be  made  when  coiporaiiou 

a  party, 206 

settlementof  partnerships, 206 

severance  of  joint  rights, ^..  ..  20G 

preservation  of  property, 206 

receiver  may  have  instructing  of  the  court 
or  judge, 206 

how  act  to  be  construed, 2C6 

litn  or  debt  claimed  against  an  alien  enemy, 
to  be  propounded  and  filed  ;  proceedings,  20G 

property  embraced  in  the  sequestration  act 
to  be  sold  and  monej'  paid  into  the  Treas- 
ury,   260 

choses  in  action  not  to  be  sold, 260 

how  moneys  realized  to  be  applied;  to  be 
paid  into  the  Treasury, 200 

separate  account  thereof  to  be  kept  at  tie 

.    Treasury, 200 

duty  of  persons  in  the  possession  of  or  con- 
trolling property  of  alien  enemies, 261 

when  such  persons  may  be  proceeded  against 
for  contempt, 261 

receiver  to  give  receipt  for  money,  property, 
&c.,  paid  and  delivered 261 

proceeding.';  whjre  such  persons  assert  claims 
against  such  alien  enemies, ,.  261 

act  not  to  avoid  certain  payments  to,  or 
transfers  of  property  by  alien  enemies  to 
citizens,.... 261 

re.-^ident  partners  to  be  dealt  with  as  surviv- 
ing partners, 261 

when  property  of  alien  enemies  may  be  do- 
creed  to  their  next  of  kin, 262 

with  what  debts  chargeable  in  their  hands,  262 

sales  of  property  by  receivers, 262 

<     report  to  court, 262 

conveyaBce  of  title  to  purchaser, 262 

when  sale  may  be  confirmed  ;  when  set  aside 
for  fraud,  «tc., 262 

when  sale  may  be  delayed  by  the  court, 262 

court  may  order  receiver  to  lease  real  estate 
<ic., 2C2 

where  an  alien  enemy  contracted  in  writing 
before  May  21,  1861,  to  sell  real  estate  to 
a  citizen,  the  court  to  decree  title  to  be 
made  to  purchaser  or  his  assignee, 2C3 

court  to  audit  and  pass  on  the  accounts  of 
receivers, 263 

comjensation  of  receivers;  their  fees  and 
allowances  ;  excess  over  certain  amounts 
to  be  paid  into  the  Treasury, 263 

appointment  of  attorney  for  each  section; 
his  duties;  compensation, 263 

receivers  to  take  possession  and  control  of 
Inonej'.propcrty,  (fee;  may  sue  for  the  same,  263 

under  what  circumstance.s  the  court  may 
defer  the  sale  of  property, 203 

State  stay  laws  not  to  govern  in  the  collec- 
tion of  debts,... 263 

person;  owing  debts  to  alien  enemies  to  give 
information  thereof  in  writing,  under 
oath,  to  the  receiver, 263 

itfofmatioo  to  be  filed  in  the  proper  court,..  263 

sequestration  of  the  debts  confessed, 264 

when  the  court  shall  proceed  to  ascertain  the 
character  of  the  creditor  and  true  amount 
of  indebtedness, 264 

debtor  allowed  to  make  any  defence  in  law 
or  equity, 264 

execution  on  decree  to  issue  only  for  the 
33DteTest ^ 264 


INDEX. 


XXXIX 


Setjuentraliiin,  (continned.) 

may  issue  for  costs, 264 

the  cost  to  be  deducted   from  the  priucipal  ', 

sum  due, 2C4  / 

duty  of  receivers  to  ascertain  and  collect  the  ^ 

debts  due  to  alien  enemies,  and  institute         < 
j'.roceei  ings    to    sequestrate    the    same;  ^ 

nature  of  ])roceedin<^s. 2i')4  ;' 

writ  of  garnishment;  service  of  the  writ....  2()4  { 
answer  of  the  defendant ;  what  to  set  forth,  2C4  ■ 

citation  to  issue  to  claimant, 264  '< 

order  of  publication 2C<A.'i 

chiimant  failing  to  appear,  his  claim  barred,  264  / 

issue  to  try  the  claim, 264  / 

proceedinzs  under  the  a«t  of  Aug.  30,  1861,  i 

to  conform  to  the  act  of  Feb.  16,  1862,...  264  - 

judgments  under  said  aot 26-1  ) 

debtors  who  f;iil  or  refuse  to  give  informa-  ; 

tion  of  their  indebtedness,  to  pay  the  costs  J 

of  proceedings  .igain.-t  theui, 264-26a  J 

when  execution    may    bo  awarded    against  ) 

them  for  the  whole  amount  of  the  del)t,  / 

interest  and  costs 265  ( 

in  other  cases  execution  stayed,  except  for        '  ^ 

interest 265  ; 

receivers  may    prcseeute  sni  s,  jad;;mcnts,  t 

ttc,    in    the   name   of     the    Confederate  .' 

States  after  decree  of  sequestration 265  ,■ 

Confederate  States  may  b^ntroduced  as  a  ^ 

partj'  in  suits,  <fcc 265  ' 

execution  in   such  cases  to  issue  for  costs  ; 

and  interest  only 265  ; 

claims  of  attorneys,   agents  or  trustees  of  ;! 

alien  enemies,  for  fees  or  commissions  on  j 

the  funds  in  their  hands,  may  be  allowed  < 

by  the  court 26.5  ; 

rate  of  iuterest  to  be  paid  by  debtors, 265  ] 

judgment  or  decree  for  the  same  rate, 265  \ 

judgment  or  decree  to  bo  no  lien  un  property,  265  ( 

execution    may    be    awarded    in    vacation  ) 

where  delator   is  fraudulently  concealing  !• 

or  disposing  of  Lis  clTccts, 265  ; 

process  and  proceedings  where  the  name  sf  ; 

,an  alien  enemy,  or  the  names  of  the  u^em-  ; 

bers    of  a   partnership  of  alien    enemies  \ 

are  unknown, 265-266 

proper  name  may  bo  inserted  in  ihu  record  j 

when  ascertained 266  ^ 

receivers  may  administer  oaths,.; 266  l 

bonds  and  treasury  notes  receivable  in  p.iy-  \ 

ment  of  debts  due  to   alien  enemies   and  ', 

for  property  sold, 206,  266  i 


fees  of  clerks  .v.d  marshals 266  ^  Staff  Dcpar 


ShatoiieeD.     Sec  Senecai  and  Shawnees. 
iih'pt.     See  Vessels. 

as  to  States  keeping  ships  of  war  in  time  of 

•  peace IV 

Sick  and    Wounded, 

aipointmont  of  clerk  to  take  charge  of  and 

distribute  articles  for  the, ^ 170 

place  for  the  safe-keeping,  Ac,  of  the  articles,  170 
Siiikiiif)  Fund, 

establithod, ^. .„ f.     4.'! 

Slavery, 

negro  slavery  recognized  and  protected,  in 
the  territories, 21 

introduction  of,  prohibited, 15 

provision    in  Constitution   relative  to  their 

escaping  from  State  to  State, ^ 20 

where  slave  is  inventor,  Ac,  his  master  may 

obtain  patent  for  his  invention 14K 

how  testimony  perpetuated  in  cases  of  slaves 

abducted  or  harbored  by  the  enemy, 207 

captured  negro  slaves  belonging  to  certain 
hostile  Indians  to  bo  delivered  to  Super- 
intendent of  Indian  Aflnirs,  west  of  Ar- 
kansas,  , •. .^ 27H 

notice   by  superintendent    to  the  head 

chief  of  "the  tribe, 278 

delivery   of   the   negroes  to    the   head 

chief;  how  lung  to  bo  held 278 

superintendent  to  make  out  record  of 
the  names,  ages,  Ac,  and  report  same 
to  Commissioner  of  Indian  AiTairs,..  27*? 
S'lldiers, 

not  to  bo  quartered  in  houses  without  con- 
sent of  owner Id 

when  discharged  soldier  entitled  tomiloago,  12t) 
pay  and  allowances  due  deceased  soldiers,..  275 

to  whom  paid, 276 

payment  to  be  made  by  the  paymaster  upon 
the  pay  roll  made  out  and  certified  by  the 

ciiptaiu  or  commanding  officer, 276 

South  OaroUno, 

certain  military  expenditures  made  by,  to  bo 

audited  and  paid, 1G;5 

advancement  to,   on  account  of  her  claima 

agafnst  the  Confederate  States,... 280 

Special  Strcice.     See  Local  Defence. 

enlistment  of  men  for  temporary  and  special 
service  on  western  waters;  otlicers;  rank: 

pay  and  allowances, 241 

Speech, 

freedom  of,  secured, 16 


appointment  of  clerk  of  the  board  of  com- 
missioners; salary, 266 

.salaries  of  clerk  and  commissioners  charged 
to  confiscation  fund 266 

appointment  of  commissioners  to  take  ex- 
amination of  witnesses, ■. 266 


tmcuit,  ■ 


o.aths  to  witnesses  and  subpoenas 266  <  Staff  Officers, 


organization  of,  for  the  array, 3S-S9,  61-62 

rank  and  pay  of  the  officers ?.8-39,  49,  61-62 

President  to  appoint  the  staff  officers, 39 

assignment  of  officers  to  staff  duty 115 

civilians   may   bo   appointed   as  staff  offi- 
cers,  171,  209 


penalty  and  process  against  defaulting  wit 
ness 266 

fees  of  witnesses  and  commissioners 200 

settlements  of  receivers  to  embrace  all  mat- 
ters ready  for  settlement;  items  of  ac- 
count to  be  specific 2G6 

judgments  entered  under  the  act  (d  Aug.  '^Q, 

1861,  inconsistent  with  the  act  of  Feb.  15, 

1862.  shall  bo  sot  aside  or  amended 266 

f>rovisions  of  s.iid  act  conflicting  with  the 

last  mentioned  act,  repealed, .'..  266 


rank  and  pay,....^ 38-39,  49,  61-62 

President  to  appoint, 39 

lissignnicnt  of,  to  staff  duty, ll.'V 

civilians  may  bo  appointed  as  staff  officers; 

their  rank  and  pay, 171-209 

aids-de-eamp  for  President's  personal  staff,  188 
date  from  which  the  commissions  of  certain 

staff  offu-ers  shall  take  effect, 22;' 

staff  of  major  and    brigadier   generals  ap- 
pointed to  tho  command  of  troops  in  Mis- 


souri,.   248 

Service,  ^  State,  Ansintaitt  Secretary  of,  * 

length  of  service  of    United    States    naval  ]  appointment, , , i'i 

offioors   received   into  tlie   service  of  the  j  duties 42 

Confederate  States;  how  computed^ 74)  compensation, 42,53 


xl 


INDEX. 


State  Dcpartnent,    ' 

established, , 29 

fcppointment    of    Secrotmry    of  Slute :      his 

duties, 29-30 

oompecsatioD, , 29 

clerks  in, 30.  52 

messenger, 62 

o'ericil  force  may  be  increased, 63 

laborers, 53 

^igbursiug  clerk  lol^he  department, 116 

Stnte  F'en'tentlary.     See  Ptuitetitia  y. 
S:atc,  Searctary  of, 

ftppointusenl, 29 

duties 29-HO 

compensation, 29 

oath  of  ofEce, 30 

to  keep  and  preserve  the  laws  and  have  the 

eau'.e  publislied, 29 

to  keep  and  affix  the  great  seal  of  the  Con- 
federate States .30 

to  cause  aseal  tobemadeforhis  department,     30 

fs^s  of  office, 30 

inay  appoint  an  a.=.sistant  secretary, 42 

L-:2,y  increase  clerical  force  in  his  department,     53 

may  employ  laborers 63 

Siates, 

fcic-h  to  have  a  republican  form  of  govern- 
ment,      21 

to  be  protected  against  foreign  invasion  and.. ^^ 

di)me.«tic  violeiice, ■.     21 

cDnu;it  be  sued, 19 

pc^irsnot  delegated  nor  prohibited,  reserved,    22 
prohibited  from  exercise  of  certain  powers,  16-17 

}::-ivileges  and  immunities  of  citizens, *    20 

fi^il  faith  and  credit  to  be  given  to  acts, 2 J 

admission    of  other    States;    provision    re- 

gpectiiig, 20 

ir.cmber.^  of  legislatures  of,  to  be  bound  by 

oath  to  support  Constitution, 22 

j-:dges  in,  to  be  bound  by  Constitution  and 

Laws,  itc, 21 

wVien    inhabitants  of  Territories    inaj'  form 

Btates,.,.. 21 

admission  of  Texas, 44 

cf  Virginia, ». 104 

of  North  Carolina 118 

of  Tennessee 119 

of  Arkansas, 120 

of  Mi;^BOuri, 221 

of  Kentucky, 222 

ii::;y  make  payments  into  the  treasury  in  an- 

tieipation  of  direct  tax, 118 

each  State  to  constitute  a  tax  divi.Mcn, 178 

p?.yment  by  State  of  taxes  assessed  against 

her  citiaeas, 183 

auditing  of  claims  of,  against  the  Confede- 
rate government,  197 

iniemiiity  to,  against  loss,  oo  account  of 
tbe  transfer  by  thum  to  the  Confederate 
States  of  funds  belonging  to  ludian  tribes 

or  uioinbers  thereof, "283 

State  Troo2)i, 

l-unty  and  furlough  allowed  to,  who  re-en- 
list in    the   service    of    the    Confederate 

Btates, 256-257 

Stntu'.''';, 

cf  England  made  prior  to  July  4,  1776,  to 
govern  in  the  judicial  districts  in  certain 

Indian  territories 274 

Str7y  Laws, 

St:ite  stay  laws  not  to  govern  in  the  collec- 
tion of  debts  or  chosea    in  action    due  to 

alien  enemies, 263 

3U»-elceepere.     See  Military  Storekeepers, 


Subsistence  Department.     See  Commissary  Gene- 
ral's Department. 
Suf/ar, 

export  of.  except  through   seaports  of  the 

Confederate  States,  prohibited 170" 

Salts, 

for  infringement  of  patents, ,.   14S 

may    be  maiatained   on   copies  of  bonds  of 

clerks  and  marshals, 156 

for  recovery  of  property  of  alien  enemies  ; 

form  of  action '. 202,  263 

in  equity  not  to  be  maintained  where  plain 

and  adequate  nmedy  may  be  had  at  law,     77 
amount  recoverable  in  suits  or  bonds,  &c., 

for  penalties  or  for  breach  of  covenant,...     80 
upon  joint  bills,  bonds,  notes  or  oblig.Ttions, 
may  be  brought  against  any  one  or  more 

of  the  parties, 77 

Sup)crsedea8.     See  Appeal,    Writ   of  Error   and  Su- 
persedeas. 
Stipplles, 

provision  for  the  care   of  supplies  fur  the 

sick  and  wounded, 17& 

reception  and  forwarding  of  private  contri- 
butions for  the  army, 209^ 

Supreme  Court.     See  Coiirt.s. 

provision  in  Constitution  respecting, 19 

■when  and  wheM  to  be  held, ..75,  163 

adjournment  of,  until  a  quorum  be  con- 
vened,      75 

in-  ease  of  failure  to  hold  court,  process, 
laleadings  and  proceedings  continued,. ..75-75 

writs  and  process, 76,  168 

seal  of  the  court, 76-77 

laws  of  the  several  States  to  be  the  rule  of 

decision  in,  where  they  apply, 77 

power  to    issue    writs   of   injunction,    scire 

facias  nnd  habeas  corpus, 78 

eontempis  of  court;  how  punished, 79 

writs  of  error  or  appeal  allowed  the  accused 

in  criminal  eases, 82 

when  to  give  judgment  or  pronounce  sen- 
tence, and  appoint  the  time  and  piace  of 

execution, 82 

writs  of  error  allowed  to,  in  civil  cases, 82 

appointment  of  clerk  ;  oath;  bond;  fees,...     83 
damages    allowed    on    atBrmance   of  judg- 
ment 01  decree 83- 

in  what  cases  appeals  allowed  to, f'3 

transcript  of  proceedings 8S 

no  new  evidence  to  be  received, 83 

appeals  subject  to   the   rules  prescribed  in 

cases  of  writs  of  error.  - ; 83 

appeals  or  writs  of  error  to,  from  existing 

judgments  or  decrees, 83 

to- make  rules  for  the  dispatch  of  causes, 83 

proceedings  in   cases  in  which   the  juages 

are  equally  divided  in  opinion 83 

original  jurisd-iction, 83 

exclusive  jurisdiction, 83 

trial  of  issues  in  fact  shall  be  by  jury, 83 

power   to    issuQ    writs    of   prohibition    and 

mandamus  to  the  district  courts 83 

in  what  cases  writs  of  error  allowed  to, 
from  the  final  judgments  or  decrees  of 
the  highest  courts  of  the  States  ;  under 

what  regulations  and  with  what  effect, 84 

what  errors  to  be  assigned, 84 

transfer  of  causes  pending  in  the  supreme 
court  of  the  United  States  upon  appeal  or 
writ  of  error  to  the  supreme  court  of  the 

Confederate  States.- 86 

if  not  transferred  within  twelve  months,  the 
judgment  of  the  court  below  affirmed 8& 


INDEX. 


xli 


85  [ 


Supreme  Covrt,  {continncd.) 

bond  given  lor  appoul,  Ac,  to  remain  in 
force, 

transcript  ot  rcrords  printed  in  the  supreme 
court  of  the  United  States  may  be  tiled,.. 

certain  unexecuted  judgments,  Ac,  of  the 
supremo  court  of  the  United  States  to  bo 
carried  ii.to  cffoct  by  the  district  courts.... 

writs  of  error  or  appeal  tc  Irom  judgmonts 
rendered  in  causes  pending  in  the  courts 
of  the  United  States  at  the  time  of  the 

secession  of  the  several  Statts, 86-87 

.  Surgeon  General, 

bis  rank, 

ray. 

SurgeonH, 

their  rank, ••• 

pa}-, ^^ 

auditing  of  claims  of, ••• 

appointment  of,  in  the  provisitnal  army,  for 

the  hospitals, 

Syvp, 

export  of,  except  through  Fea-porls  of  the 
Coafoderata  States,  prohibited, 170 


T. 


Taarea, 

direct;  how  to  bo  apportioned, 1 1,  It,  I 

Secretary  of  (he  Treasury  to  collect  in- 
formation as  to  the  value  of  property, 
.to.,  in  the  States,  with  a  view  to  direct 


Taxes,  (continued  ) 

time  allowed  persons  in  the  military  ser- 
vice,   

•     collector  to   render  account  of  charges  of 
talc   and   pay    surplus   into    the  treasu- 


180 


86 


S9 
49 

49 
211 

17fi 


taxation,. 


118 


ttaies  may  make  piiyuieut  into  the  treasury 

in  anticipation  of  the  tax, 118 

war   tax   for   the   redemption    of    trcacury 

notes  issued  under  the  act  of  August  19,  < 

lSf.K..... ;."  177  I 

taxable  property, 177-178  ■; 

,     property  exempicd  from  taxation. 178  J 

collect. irs  and   assessors   of  tax  to   be  ap-  \ 

pointed, 178  <; 

bond  and  security  required  of  chief  collector;  > 

oath  of  oflBco, 178  { 

written  lists  of  taxable  property  to  be  ex-     ^    \ 

hibited; „ 178  ; 

when  officer  to  make  the  list, 178  ; 

penalty  for  false  or  fraudulent  list It6  , 

party  liable  to  d  ublc  tax  on  failure  to  de-  '/ 

liver  list  at  the  proper  time, 178  ^ 

lists  to  be  made  in   reference   to  va'ue,  Ac,  { 

of  property  on  the  l.-t  of  October,  1b61,..  179  \ 

when  to  be  delivered  to  ta^  collector 179  ] 

appeals  from  assessments  and  for  reduction         '>, 

of  double  tax, 179  >^ 

tax  collector  lo  furnish  the  chief  collector  J 

with  ii^  of  assessments  and  amount  of  i 

tax, 179 

chief  collector  to  collate  the  same  and  for-  ,; 

ward  to  the  Secretary  of  the  Treasury,...  179 

when  fax  to  be  collected, 179  / 

collectors  to  give  notice, '.  ..  179  ; 

distress  fur  taxes, 179  ;, 

property  exempted  from  distress, 179  ' 

Hale  of  real  estate, 180  ' 

deed  to  purchiiser 180  i 

when  property  not  divisible,  the  whole  to 

ha  sold 180.^ 

surplus  of  Fa  OS  to  be  deposited  in  the  treas-  j, 

ury  for  the  u?e  of  the  owner 180  / 

when  the  collector  to  purchase  the  property,  180  > 
gale  not  to  take  place  if  taxes  paid  before  / 

property  actuidly  sold, 180  ;> 

right  of  redemption, 180  ) 


180 

all  deeds  for  real  estate  sold  to  be  made  by 
the  collector  of  the  district  or  his  suc- 
cessor in  ofiice, ."- 180-181 

fee  for  the  detd  ;    for  whose  use, 181 

commis.-'ions  allowed  collector, 181 

compensation  of  assessors, 181 

when    assessor    to    make    out    list    of    real 

estate  forastessment 181 

accounts- at^e  treasury  of  all  moneys  re- 
ceived,   181 

chief  collectors  to  procure '■ietails  of  the  tax 

and  classify  the  s?me 181 

collectors  chargeable  with  interest  on  mo- 
neys retained,.. 181 

collectors  to  give  bon  I ;  oath, , 181 

to  sign  receipts  in  duplicate  for  tax;  how 

disposed  of. 181 

moneys  ct)llcctcd  to  be  forwarded  fo  chief 
cnllector,  and  disposed  of  as  directed  by 

the  Secretary  of  the 'Treasury, .181 

chief  collector  to  make  report  thereof, 181 

taxes  assesed  to  be  a  statutory  lieu, 181 

property   of  collcc'ors  bound   by  statutory 

lien  for  faxes  received 181 

regulations  by  Secretary  of  Treasury  to 
give  efl'ect  to  this  pet,  and  instructions  as 

to  details 182 

correction  of  errors  in  assessments, 182 

construction  of  certain  words  and  phrases, 

182,  225 
capital  stock  and  real  eStaie  of  corporations. 
When  stock  in  hands  of  individuals  ex- 
empt from  tax 182 

on  payment  by  an)*  State  of  taxes  assessed 
against  her  citi/.vns,  authority  of  collec- 
tors in  such  State  to  cease, 185 

extension  of  time  tor  making  assessments, 

delivery  and  return  of  lists; 225 

Se;retary  of  Treasury  may   make    further 

extension, 225 

cash  on  hand  or  on  deposit  subject  to  as- 
sessment and  taxation, 225 

.■■ecurities  for  money  belonging  to  non-resi- 
dents taxed, 225 

agent  or  trustee  to  pay  the  lax, 225 

agricultural  products  exempted  from  tax 
only  when  in  the  hands  of  the  producer 

or  held  for  hi.<  account, 225 

no  tax  on  notes,  bonds,  Ac,  when  payer  or 

obligor  is  insolvent, 225 

securities  for  money  to  be  asse.-sed  aecord- 

'     ing  to  their  value, 225 

lien  for  tax"  to  attach  Jrom  date  of  assess- 
ment    226 

property  rembved  iialJIe  lo  tax  m:iy  be  dis- 
trained and  sold,. 226 

collection  of  the  tax  ni;iy  be  suspended  in 
counties,    Ac,    oeoupivd    by    the    public 

enemy, 226 

appointment  of  district  collectors  suspend- 
ed when   State  assumes   the   paym'cnt  of 

the  tax, ". 226 

chief  collector  may  ay^point   assessors  and 

provide  for  the  making  of  returns,  Ac.,...  226 
tax  lists  to  conform  to  act  of  Dec.  19,  18(51,  226 
receivers  to  pay  taxes  on  property  of  alien 

enemi(8, 227 

Bale  of  sequestered  property  to  raise  money 
for  this  purpt'se, 227 


xlii 


INDEX. 


Taxes,  (continued.)  ; 

when  receiver  may  give  to  collector  eer  in-  ', 

cate  of  amount  taxes  due  on  the  property  \ 

of  alien  enemies £27  ] 

■what  to  be  specified  in  the  certifieatd, 2-7  ', 

Secretary    of    the     Treasury    to    pay    the  ( 

amountand  charge  same  to  stqui.stration  < 

fund,„ 227  / 

postponement  of  the  collection  of  taxes  on  I 

the  sequestered  property  of  alien  enemies,  227  / 

certificates  fCr  the  amount  due, 227  / 

when  paid,  charged  to  sequestration  fund,...  227  / 
redemption   of  the  sequestered  property  of         ; 

alien  enemies  sold  for  taxej^ 227  ; 

receiver  to  take  and  account  for  such  proper-  \ 

ty, 227-228^ 

Tthgraph  Lints,  i 

materials  for  the  construction  of  admitted  / 

free  of  duty, 53'.64  |! 

President  authorized  to  take  the  control  of,  106  J 
to  appoint  agents  to  supervise  communica-  'i 

tious 106  ] 

when  the  President  may  take  possession,...  106;! 
to  issue  instructions  to  the  agents  and  ope-  ^ 

rators  of  the  lines, 106  /^ 

may  employ  the  operators  as  agents  of  the  ^J 

government, 107  ^ 

compensation  of  agents   to  be  paid  out  of         / 

the  treasury, 107  / 

communications  in  cypher  and  enigmatical  I 

communicatiuus, 107  f 

extension  and  connection  of  lines, 107,' 

oath  required  of  ofiScers 107  1' 

communications    touching    military  opera-  / 

tions, 107  '/ 

party  sending,  subject  to  indictment,  fine  ', 

and  imprisonment, 107:! 

compensation  to  agents  of  telegraph  compa-  '] 

nies  charged   by  the   President  Vfith   spe- 

c  al  duties, 124' 

Icndtv,  ^ 

only  gob!  and  silver  coin  to  he  legal, 16  ; 

TenncKKee,  jj 

admission  into  the  Confederacy 119/ 

divided  into  three  judicial  districts, 224/ 

one  district  judge  for  the  whole  State;  to  / 

hold  two  terms  in  each  district, 224^ 

marshal  and  attorne}-  for  each  district, 224) 

Territories.     See  Arizona.  j; 

new  territory  may  be  acquired 21  ' 

Congress  to  prescribe  government  for  its  in-  / 

habitants, 21  ; 

when  they  may  form  States, 21  / 

negro    slavery  to  be   recognized  and   pro-  / 

tL'Ctcd  in, 21  / 

Je.ra^,  _  ^         / 

exempted   from    the  operation  of  the  tariff         > 

laws, 28  ; 

admission  into  the  Confederacy 44) 

act  exempting  from    the    operation    of  the  J 

tariff  laws,  repealed* 70; 

revenue  laws  n'jt  to  be  enforced  against, 92  J 

divided  into  two  judicial  districts, 127  ' 

judge  and  marshal  for  western  district, 127  / 

terms  of  court, ., 127' 

judge,  attorney  and  marshal  for  the  district  ^ 

oi  Xcxas,  assigned  to  the  eastern  district 

of  said  State, 161 

Title  of  Nobility,. 

not  to  be  granted  by  the  Confederate  States 

or  any  State, 16 

■  Tobaceo, 

export  of,  except  through  the  sea-ports  of 

the  Confederate  States,  prohibited, 170 


Tonnaffe, 

as  to  States  laying  duty  on,., 17 

laws  imposing  discriminating  duties  on,  re- 
pealed      38 

Transfer  of  Fundi, 

from  the  Quartermaster's  to  the  Ordnance 

Department, 256 

Secretary  of  the  Treasury  authorized  to 
transfer  funds  into  the  hands  of  any  for- 
eign banker, 279 

Transjjorlalion, 

granted  to  twelve  months'  men  in   service 

•    re-volunteering  or  re  enlisting, 223 

to  recruits, 248 

to  officers   and  privates   detailed  to  recruit 

for  companies, 254 

Treason, 

how  defined  and  punished, '. 20 

person  not  to  be  convicted  of,  unless,  Ac.,,..     20 

attainder  of,  not  to  work  forfeiture, 20 

Treasurer, 

appointment, , -SO 

salary, 30,  53 

duties, 31 

clerks  and  messengers  in  his  bureau  ;  their 

salaries 52 

appointment  of  assistant  treasurer;  duties; 

salary, , 57 

assistant  treasurer  to  perform  the  duties  of 

treasurer  of  the  mint  at  New  Orleans, 57 

authorized  to  draw  checks  or  warrants  on 
the  banks  on  account  of  deposit  of  money 

under  the  loan  of  February  28,  1861, 103 

clerks,  cutters  and  trimmers  allowed  in  bu- 
reau of  treasurer, 259 

Treasury, 

how  money  drawn  from, 15 

President  authorized  to  borrow,  on  the 
credit  of  the  Confencrate  States,  a  sum 
not  exceeding  $15,000,000  ;  how  to  be  ap- 
plied,      42 

certiiicates  of  stock  or   bonds   for   the 

amount  borrowed, 42 

coupons  to  be  attached  to  the  bonds  is- 
sued,       42 

bonds  or  stock  may  be  paid  on  giving 

notice, 43 

when  the  interest  to  cease, 43 

form  and  amount  of  the  certificates  of 
stock  and  bonds;  certificates  assign- 
able,      43 

^report  of  the  Secretary. of  Treasury  to 

Congress, 43 

duty  on  c*ton  pledged  to  the  payment 

of  the  loan, 43 

interest  coupons  receivable  in  payment 

of  the  duty, ■ 43 

when  duty  to  cease,...* • 43 

sinking  fund  established, 43 

President  to  cause  treasury  notes  to  be 
issued,  not  exceeding,  at  any  time, 
$1,000,000— under  act  of  March  9,  1861,..     54 

when  to  T<e  p,aid  and  redeemed .'.     54 

preparation  and  signing  of  the  notes,..     54 
accounts   to   be  kept  of    notes   issued, 

redeemcd-and  cancelled,..' 54 

to  be  issued  in  payment  of  warrants  in 

favor  of  public  creditors, 54 

money  may  be  borrowed  on  the  credit 

of  the  notes 54 

notes  transferable  by  assignment, 65 

receivable  in  payment  of  all  dues,  ex- 
cept the  export  duty  on  cotton, 55 

public  officers  to  take  receipts  or  treas- 
ury notes  from  the  holders, 55 


INDEX. 


xliii 


55  / 

55  '. 


56 


56 


iir 


Treasury,  (continued.)  .  i 

entries  to  be  kept  of  treasury  notes  re-  / 

ctivedin  payment  of  public  dues,  and  \ 

tbe  character  thereof, 55  ;; 

Secretary    of    the   Treasury    to    make  ', 

rules  as  to  the  custody,  disposal,  Ac,  ', 

of  the   n«)tes  and    the    accounts  and 

returns  of  such  receipts, 

payment  of  the  notes, ••• 

other  treasury  notes  may   be  issued   in  > 

lieu  of  those  paid  and  redeemed, 55  / 

forging    or   counterfeiting  of  treasury  J 

notes, ^8  ; 

making  or  engraving  plates  to  be  used 

in  forging  or  cosrterfeiting  such  notes, 

penalty   for  forging    or  counterfeiting  any 

certificate   of  stock    or   bond,  or   coupon 

issued  under  the  act  cf  Feb.  28,  ISfil,... 

Secretary  of  the  Treasury  authorized  to  issue 

$oO,i  00,000    in    bimds,  under   the  act  of 

May  16.  18C1:  when  payable  and  rate  of 

interest, 

sale    of    bonds    for     fpecie,    military     ^     < 

stores,  Ac, 1''  ) 

Secretary  to  report  his  transactions  to  ^ 

Cong»ss 117/ 

denomination  of  bonds ll<  < 

Secretary  of  the  Treasury  m.iy  issue  treas-  i 

ury   notes,   without  interest,    in    lieu   of  ) 

bonds,  to  the  amount  of  $20,000,000, 117 

denomination 117  ) 

the  notes  receivable  in  payment  of  debts  ^ 

or  taxes,  except,  Ac.-, 117  'i 

oxehango  of  notes  fot  bonds,- 117  ^ 

when  the  privilege  of  funding  to  cease,  117  ' 
other  notes  may   be  issued   in    lictf  of  ] 

notes  redeemed 117  J 

treasury   notes  given  in  exchange  for  | 

bonds  that  are  funded, 117  ( 

faith  of  the  Confederate  States  pledged  I 

for  the  payment  of    the  interest  and  i 

redemption  of  the  stock  and  notes,...  IH 
payment  to  be  made  out  of  any  money 

in  the  treasury, 118  i 

penalties,  Ac,  of  the   act  of  March  9,  / 

1861,  authorizing  the  issue  of  notes,  | 

considered  as  a  part  of  this  act, 118  } 

States  may  make  payments  into  the  trtas-  | 

ury  in  anticipation  of  the  direct  tax, 118 

debts  due  to  individuals.  Ac.,  of  the  United 

States,  may  be  paid  into  the  treasury?..  .. 

"^  treasurer's  certificate;  ctrtilioato  to  bear 

interest;    when   redeemable,  and  in 

what ••• 

moneys  heretofore  paid  into  the  registries 
and  receivers  of  the  United  States  courts, 
to   bo   withdrawn   and    deposited  in    the 

treasury, - 168-169 

bonds  to  be  issued  in  lieu  of  the  moneys 

withdrawn, 169 

when  and   to  whom  the  bonds    made 

payable, 

moneys  heretofore  deposited,  remaining 
undisposed  of,  likewise  transferred  to 
the  treasury  and  to  be  replaced  by 

9  bonds, low  , 

Secretary  of  the  Treasury  authorized  to  issue  / 

treasury  ni'tes  as  the  public  necessities  may  '> 

require,  under  the  act  of  Aug.  VJ,  1801,  177  ,- 

receivable  in  payment  of  war  tax,  pub-  ''/ 

lie  dues,  Ac, 1'7  ^ 

bonds  to  bo  issued   for  the   purpose  of  ;! 

funding  of  said   notes,  and    making  ; 

exchiinge,    Ac,    to    the   amount    of  ■: 

$100,000,000, 177  ' 


161 


151 


169 


169 


Treasury,  (continued.) 

denomination, 177 

may   be    sold   for  specie,  military  and 

naval  stores,   Ac, 177 

holdars  of  notes  may  demand  bonds  in 

exchange 177 

when  privilege  of  funding  to  cease, 177 

issue   of    certificates  of  inscribed    stock  in 

lieu  of  coupon   bonds 191 

arrangements    for     the     transmission     of 

funds 208 

additional  amount  of  $50,000,000  of  treas- 
ury notes  authorized  to  le  issued  under 

act  of  December  24,  ISfil,; 231 

Secretary  of  the  Treasury  m.ay  issue  further 
bonds  to  be  exchanged  fortreasury  notes,  2.31 

bonds  reconvertible  into  notes 231 

bonds  and  notes  subject  to  the  provis- 
ions of  the  act  of  AufT.  19,  l!-fil, 231 

reimbursement  out  of  money  in  the  treas- 
ury to  the  credit  of  the  Post-Otfice  De- 
partment for  amounts  received  of  post- 
masters and  paid  over  by  the  Postmaster 

General, 249-250 

how    the  sum   reimbursed  to   be   held   and 

distributed 250 

Treasury.  Avsiataikt  Secretary  of  the, 

appointment, 30 

duties, 31 

salary 53 

TrenDury  Department, 

established, 30 

officers  in 30-32,  66 

seal  for, 31 

prohibition  on  the  officers;  penalty, 32 

clerks;    may    be    distributed    among    the 

bureaus, 52 

messengers 62 

clerical  force  may  be  increased, 6.> 

luborers, 63 

disbursing  clerk  for  the  department, 116 

clerks  in  office  of  Second  Auditor  may  be 
distributed  among  tho  other   bureaus  of 

the  department, 151 

organization  of  the  clerical  force  in  tho  de- 
partment   25y 

in  the  bureau  of  the  Secretary, 259 

of  the  Comptroller, 2.i',i 

of  the  Treasurer, 259 

of  the  Register 259 

of  tho  First  Auditor, 259 

of  the  Second  Auditor, , 259 

of  the  War  Tax 2.^9 

clerks  may  be  employed  on  trial ;  transfera- 
ble from  one  bureau  to  another;  subject 

to  rules, 259 

cutters  and  trimmers  allowed  in  bureau  of 

the  Treasurer 259 

salaries  of  clerks 52,  259 

of  cutters  a^d  trimmers, 259 

of  messengers, 52,259 

disbursing  clerk  ;  additional  salary  allowed 

him. 116,  259 

Treasury  Notes,  Bondu,  etc.     See  Treanury. 

officers  to  be  appointed  to  assist  in  prepar- 
ing and  signing, 167 

treasury   notes   receivable   in    payment  of 

postage  stamps  and  stamped  envelopes....  200 
receivable  in  payment  of  debts  duo  to  alien 
enemies  and  for  property  sold  under  se- 

questraiioQ  act, > 206,  266 

$300,000  in  treasury   notes  to  be  issued  to 

the  State  of  Florida 210 

receivable  in  payment  of  postage  or  on  de- 
posit for  advanced  payment, 228 


xliv 


INDEX. 


Treasury  Nott't,  Bondu,  etc.,  (continued.) 

may  be  ai>p!ied  by  the  Secretary  of  tho 
Treasury    to    tbe    redemption  of    certain    • 

bou.ls, 257 

Trta-Mry,  Serret''ry  of  the.      See  Treimxtry. 

duties  of, 30 

to  appoint  subordinate  officers  and  clerks  in 
his  departmcnr 30,  31 

shall  procure  an  (ifficial  seal 31 

to  estublish'ports  of  eatry  and  delivery, 42 

power  to  chanire  and  abolish  same, 42 

may  appoint  collectors  of  customs  and  fix 
their  sjlarics, 42 

to  distribute  clerks  in  Treasury  Department 
among  the  several  bureaus, 52 

may  increase  clerical  force  iu  bis  department,     53 
^mayempliiy  laborers 53 

may  borrow  monij'  on  the  credit  of  treasury 
notes  i;?ucd  undvr  ihea'^t  of  Mar.  9.  1861,     54 

to  make  rules  as  to  tho  custody,  disposal, 
Ac,  of  sui-li  notes 55 

to  make  payment  of  said  notes,  and  author- 
ized to  pur(!hase  same  at  par 55 

to  appoint  r^p'cial  agnnts  to  or^^-ani/.e  custom- 
houses on  tho  frontiers,  au<t  to  examine 
books,  accounts,  <fec., S3 

to  report  to  Congress  a  plan  whereby  the 
expenses  of  collecting  the  rovetme  shall 
be  diminished, 91-1)2 

to  pay  to  owners,  &0.,  of  armed  vcs-els, 
having  letters  of  marque  and  reprisal,  the 
bounties  allowed  for  burning,  <ic.,  of 
armed  ves.-els  of  the  United  Statss, 102 

acts  of  the,  his  subordinate  officers,  Ac, 
under  tbe  act  of  Feb.  28,  lS61,io  raise 
money  for  the  support  of  the  government, 

confirmed, '. 108 

authorized  to  make  and  continue  the 
deposits  of  monay  received  on  ac- 
count of  said  loan,  in  the  banks, 108 

to  appoint  clerks  to  aid  the  First  Auditor  of 
the  Treasury, 114 

required  to  collect  information  as  to  the 
value  of  property.  &e.,  in  the  States,  with 
the  view  to  direct  taxation,  and  make 
report  to  Congress, 118 

to  sell  the  unexpired  lease  of  the  President's 
house  and  buihli  gs  used  for  the  depart- 
ments, with  tho  furniture, 165 

to  prescribe  regulatioos  to  carry  into  effect 
the  8-ct  of  August  19,  1861,  authorizing 
the  issue  of  treasury  notes  and  providing 
a  war  tax  for  their  redemption;  and  in- 
structions as  to  detail?, 182 

authorized  to  correct  onors  in  assessments, 
valuations  and  tax  lists  or  in  tho  collection 
tiicrof,.. , 182 

to  make  arrangements  for  the  transmission 
of  the  funds  of  the  Confederate  States,...  208 

to  issue  $H00,000  in  treasury  notes  to  the 
State  of  Florida, ." 210 

to  make  payment  to  the  banks  of  advances 
made  by  them  to  the  government, 225 

to  pay  taxes  on  property  ot  alien  enemies 
and  charge  same  to  the  sequestration  fund,  227 

may  make  agreements  for  the  postponement 
of  the  collection  of  taxes  on  tbe  seques- 
tered property  ot  alien  enemies, 227 

empowered  to  issue  certificates  for  tbe 
amount  due 227 

miy  redeem  tho  property  of  alien  enemies 
sold,  for  taxes, 227 

to  i?suo  $1,000,000  in  treasury  notes  to  the 

-..    State  of  Mifisouri, 254 

elerlsB  allowed  in  bureau  of, 259 


Trcaaurtf,  Secretary  of  the,  (contintied.) 

authorized  to  transfer  funds  in  the  hands  of 

!;  any  foreign  banker, 278 

1  Treaties, 

>  how  may  be  made, 18 

'/  to  be  supreme  law, 21 

)  individual  St;ites  not  to  male, 16 

)  publication  of, 149 

',  with  the  Creeks, 289 

J  tho  Choctaws  and  Chickasaws, 311 

;  the  Seminole?, 332 

the  Comanchesand  other  tiibcs  and  bands,  347 
the  Comancbcs  of  the  Prairies  and  Staked 

Plain .364 

the  Osuges f. 363 

the  Scnccas  and  Shawuces, 374 

'i  the  Quapaws, 280 

the  Cherol.ees, 394 

Trial, 
',  mode  of  trial  of  crimes  against  laws  of  tho 

';  Confederate  Stdtes, 20 

)  right  of  accused  ti)  trial,  by  jury, 16 

of  what  district  jury  is,  and  where  trial  is 

held 16,  20 

\  in  what   cases   there  is  a  right  of  trial   by 

(  jury, A 16 

/  how  fact  tried  by  a  jury  is  re  examined  in 

)  court  of  Confederate  ttatos, 16 

\  Trimmers  luid  Cut  (em, 

)  allowed    in  t' e   bureau  of    the   Treasurer; 

/  their  salaries, 259 

J  Troopi, 

)  as  to  States  keepirtg  them  in  time  of  peace,     17 


u. 


United  StatcK.     See  Lnw. 

certain  laws  of,  continued  iu  force, 27 

laws  of,  repugnant  to  the  act  for  the  estab- 
lishment and  organization  of  the  army, 
repealed, : 61-52 

resolution  for  the  appointment  of  commis- 
sioners to  the  government  of, 92 

exi.stencc  of  war  recognized  between  tbe 
United  States  and  the  Confederate  States,  lOO 


Vitncanciee, 

in  representation  in  Congress, 12 

in  office  of  President;  Avho  to  act, 18 

President  to  till  vacancies  during  recess  of 
Senate, 19 

in  established  regiments  and  corps;  bow 
tilled, 48 

in  volunteer  companies;  how  filled, 104 

in  case  of  death,  absence,  Ac,  of  Postmas- 
ter (xcneral,  who  to  discharge  the  duties, 
and  for  v?hat  time 108 

in  companies,  Ac,  of  troops  revolunteering 
or  re-enlisting,  filled  by  promotion 223 

in  tbe  lowest  grade  of  commissioned  officers 
filled  by  election, « 2?3 

occurring  iu  certain  offices  filled  by  promo- 
tion according  to  grade  and  seniority, 248 

rule  of  promotion  departed  from  in  favor  of 
any  person  specially  distinguished, 248 

in  certain  companies,  filled  by  volunteers....  248 

in  recruited  companies  of  volunteers  ;  how 

filled, 254. 

VegetahlcB, 

daily  ration  of,  to  bo  fumJiihed  troop3, 214 


INDEX, 


xlr 


Vtnire  Facias, 

to  issue    for  a  jury   of    white    men,    where 
white    {itTSOus  are    v"'  upon  trial    in  In-     ^ 
diau  territories -'''  ' 

Vteteh, 

bound  to  or  from  one  State   not  obliged  to 
enter,  clear  or  pay  duties  in  another 16  ; 

regulations  for  vessels  navigating  "the  Mis-  ^ 
sisi'ippi  river, .v5h-37  / 

not  enrolled  or  licensed  may  be  employed  in 

the  eoastiug  trade, • "^8  . 

repeal  of  laws  prohibiting   importation   of  ^ 

goods  in  vessels  belonging  to  foreigners,     38  ^ 

}aw8  imposing    discriminating  duty  on  the  ; 

tonnage  of'ships  or  ve.^sels,  repealed 36  ; 

purchase  of  vessels,    *c.,  fit   for   or    e.-i.sily 
converted  into  armed  vessels 4t> 

what  vessels  may  bo  registered, 4(1  ' 

light  money  on  ship."*  or  vessels, 75 

concerning    letters  of  mar.jue  and    reprisal  ^ 

to    private  armed    ves&cls.     See   Marque 
and  h'tpriml,  and, 100-104 

relinquishment  on  the  part  of  the   govern- 
ment to  any  share  in  certain  vessels,  Ac,  ' 
taken  in  the  Ghesapeai<e  Bay  by  Captain 
HoUius 271  ; 

rights  and  privileges  confcrrrd  on  inventor  ' 

of  armed  vessels,  floating  batteries  or  do-  ; 

fences, 1^0  '. 

distribution  of  the    proceeds   of  the  sale  of 
the  ship  A.  B.  Thompson,  condemned  ns 


a,  pri/,e 


169 


change  of  names  of, 253  ^ 


Teto, 

of  President, 13  ' 

House  and  Senate  may  pass  bills  over, 13 

Vice- President  of  the   Coti/cdcriUr  States, 

^ode  of  election,  qu.alitieations,  Ac.,.. 17,  IS 

to  be  President  of  Senate 12 

to  have  no  vote,  excejit,  ic, 12  ^ 

when  to  bo  President 1'*^  ^ 

election  of, l---  ; 

custodyofthoreturusoftheelectoral  votes  for,  237 
hi.-!  duties  in  putting   in  operation   the  gov-  ) 

ernunit  under  the  permaueut  Constitution,  268  '; 

Viryiniii, 

admitted  as  a  member  of  the  Confederacy,..  104  ' 

Voltiniee.rs,  , 

J'resident  mav  ask  for  and   accept  the  ser-  ( 

vices  of,....". 46,  104,  106,  176  •; 

to  furnish  their  own  clothes, 4.'V  '! 

when  to  furnisii  horses  and  equipments, 45  ; 

to  bo  armed  by  the  States. 45  J 

subject  to  rules  and  articles  of  war, 45  ' 

^llowanco  of  money  in  lieu  of  clothin!r,..45,  126  , 
may  be  accepted  in  companies,  squadrons, 

ic, 45,  104,  106 

appointment  of  otTicers 45,  104 

may  bo  organized  into  companies,  battal- 
ions, Ac., 45.  104,  106  , 

apporti(inniont  of  general  and  stafi'  officers  ^ 

among  the  States, 45  ) 

organization,  pay  and  allowance*, ...45,  106,  176  ; 
allowance  for  use  and    risk  of  horse;*  and  j 

for  horses  killed  in  action, 45-46  j 

lime  of  service 176  ', 

when  to  serve  on  foot, 45-46  > 

field  and  staff  ollicers  of  separate  battalion.<»,     46  ' 
addition.il  second   lieutenant  allowed   each  / 

company, 46 

■  umber  of  privates  in  company,  limited,....     46  '. 
company  officers  elected    by    the  company 

and  commissioned  by  the  President, 104 

vacancies;  how  filled, 104 

32 


Volnuteerii,  (continued.) 

volunteer  forces  to  be   subject  to  the  a;^l« 

for  the  government  of  the  army, 104 

independcDt  or  detached  servi'-e 10? 

battalions  and  regimen  is  from  St.ateg  not  of 
the  Confederacy  may  be  enlisted.  Presi- 
dent may  appoint  :!ie  field   and  staff  otK- 

cers ^^* 

commission  of  officers 10ft 

supernumerary  officer  may  be  attached  to 

each  couijany 106,  171. 

certain  battalions  I'f  volunteers  allowed  two 

lioldoffieers 1^* 

rank  nf  officers 170 

assistant  adjutants  general  may  be  appointed 

tor  vcilnnteifr  I'orce.x. 17* 

their  rank  and  pay, 17* 

commissions  to  otjaccrs  to  raise  and  com- 
mand \oliinteer  regiments,  Ac,  of  per- 
sons from  certain  States, 17* 

volunteer  troops  in  the  State  of  Missouri 
may  be  received    and    muslereo    into  the 

servici.-' !•* 

lor  local  defence  and  special  service.     See 

Local  Defence  and, 18* 

recruiting  stations  for  volunteers,  from  eor- 

taiu  Stitfes 151 

commissions  as  cajnains  to  pevsous  to 
raise  and  command  companies  com- 
posed of  such  voluntoers, 198 

organization  of  volunteers  into  compa- 
nies and  rigiuaents, 18* 

no  compensation  allowed  except  cloth- 
ing and  rations  till  organized, 197 

fiivt  regiment  of  North  Carolina  volunteers 

received  into  the  service 212 

equi])ments  to  be  furnished  voluiitefir  caval- 
ry compauies ~ 2l;V 

reorganization    of     troops     revolunteering 

or  re-enlistiHg, 32Jt 

uuder  the  urX  of  March  8,  1861,  may  bo  ac- 
cepted singly  as  well  as  in  companies, 348 

election  of  tioid  and  company  officers 

104,  248,  268 

vacancies  in  certain  companies  filled  by, 348 

appointment  of  officers  of  artillery  above 
the    rank   of    captain    in    the    volunteer 

corps, 24t 

recruiting  of  companies  of  volunteers,  now 
in    the    service     under    enlistments    for 

twehe  months, 38* 

original    voinnteer;;    m.ny    ro-enlist    iu    the 

compauies  to  be  recruited,....." 251 

arms  of,  to  be  kept  within  the  control  of  the 
President 28t 


^V 


War. 

power  of  Congress  to  declare, 14 

as  to  States  engaging  in, 17 

contracts  for  munitions  of, 28 

President  to  receive  from  the  States  arms 

and  munitions  of  war 43 

rules  and  articles  o?',  established, 61 

existence  of  war,  recognized,  between   the  • 

United  States  and  the  Confoder.ito  States,  10* 
President  autbori/.ed  to  use  the  whole  land 
and  nBV.il    forces   to   mewt   the  war  com- 
menced   100 

War  Dcprvtmcni, 

e.<tablisbed, '2 

chief  officer  of, '^ 


xlvi 


INDEX. 


War  Bcpartmem.  (continued.) 

chief  of  the  bureaus,  and  clerks  of  the  de- 
partment,  

messenger, 

clerks  of  the  bureaus, 

disbursing  clerk, 52, 

Secretary  of  War  to  assign  clerks  to  duty,.. 

clerical  force  may  be  increased, 

laborers  may  be  emploj-ed, 

bureau  of  Indian  Alfiiirs  established  in, 

clerical  force  increased, 

in  office  of  Secretarj'  of  War, 

of  Adjutuit  (/'ncral, 

of  Quartermapter  General, 

of  Commissary  (xeneral, 

in  bureau  of  Engineers, 

Warrants, 

not  to  issue,  except,  Ac, 

War,  Sccretari/  of, 

to  have  charge  ol'  all  matters  connected 
with  the  army  aud  Indian  tribes, 

ipay  appoint  clerks, 

to  prescribe  details  for  the  general  govern- 
ment of  the  army 

to  assign  clerks  of  the  War  Dcpartmetit  to 
duty, 

may  increase  clerical  force  in  his  depart- 
ment,  

may  employ  laborers, 

authorized  to  make  advances  on  contracts 
for  arms  or  munitions  of  war, 

to  cause  payment  for  certain  horses  pur- 
chased lor  thearmy.by  Col.  McDonald,... 

to  provide  blank  forms  of  oath  of  natural- 
ization and  distribute  the  same, 

to  inform  persons  in  the  military  service  of 
the  act  establishing  a  uniform  rule  of 
DaturaJization  for  persons  enlisted  in  the 
army, 

clerical  force  in  the  office  of,  increased, 

to  provide  and  furnish  clothing  for  the 
army, 

empowered  to  appoint  an  Assistant  Secre- 
tary of  War, 

may  draw  his  re(£uisition  for  moneys  de- 
posited in  favor  of  the  Indinns, 

to  audit  the  claims  of  assistant  quartermas- 
ters general,  commissaries  general  aud 
surgeons,  for  a  certain  period, 

to  make  rules  to  carry  into  effect  the  act  of 
January  27,  1862,  for  recruiiing  compa- 
nies in  the  service  for  twelve  months, 

War   Tax.    See  Taxes, 
War  Tu.c  Bureau, 

clerks  allowed  in  ;  their  salaries, 

Watchmen, 

allowed  Vost-Office  iJepartment ;  salary,,... 
Weights  and  Jleusnres, 

Standard  of,  may  bo  established  by  Congress, 
WcKtern  Watt  re, 

enlistment  of  men  for  temporary  and  special 
service  on, 


'.    Winan's  Gun, 

J  appropriation  for  the  construction  of, 174 

52  ;    Witnesscss, 

52  ;  person  charged  with  crime  may  summon,...     16 

52  /  may  be  confronted  with  accusers, 16 

116  ■  none  compelled  to  be  a  witness  against  bira- 

52'  self-  16 

5,3  ■  rules  for  taking  depositions  of,   in  cases  at 

5.3  i  law :..     78 

68;  attendance  of, 78 

194  '  depositions  of,  in  suits  in  equity, 78 

194  '  examination  of,  in  trials  at  law  in  the  dis- 

194  ;  tricts  courts. 79 

194  ^  comi)ensation, 79,  145 

194;,  competency;  how  determined, 79 

195  oubpauias  for,  in  patent  cases 14& 

'i  failure  of  witness  to  attend  or  refusal  to 

16'  testify, 144 

'<  when  uot  required  to  attend, 146 

/^  when  not  guilty  of  contempt, 14$ 

.32  '■  oaths  10  witnesses  and   subpoenas  in  cases 

32  '  uudcr  the  sequestration  act, 266 

/  penalties  and  process  against  default- 

51  (  ing  witnesses, 266 

)  fees, 266 

52  )   Worship  of  (rod, 

'/  religious  establishment  prohibited, 3,  16 

53  }   Wrecking, 

53  \  business  of,  on  the  coast  of  Florida, 61 

■;  licenses  to  wreckers, 61 

173  ;;   Writs, 

1^  how  directed,  where  marshal  or  his  deputy 

185;  is  a  party, 76 

teste  of,  issued  from  the  supreme  or  district 

190  \  courts, 76 

/  issued    from  the  district  court  to    be  under 

■  the  seal  of  the  court  and   signed   by  the 

clerk, 76-77 

190  )  forms  of, 77-78 

194  '  power   given    to  the    district   and  supreme 

;'  court  aud  the    judges    thereof,    to    issue 

196  ;;  writs  of  injunction,  Kcire  facias  and  ha- 

I  beai  corpus, 7ii 

222  \  supreme  court  may  issue   writs  of  prohibi- 

\  tion  and  mandamus  to  the  district  courts,     83 

240  '  of  error.     See  Apjjcal,   Writ  of  Error  and 

I  Supersedeas, 

I  of  garnishment, 204,264 


Yeas  mid  -Nays, 

when  to  be  entered  on  journal, 13 


z. 


ZonnviSf 

regiment  of,  added  to  the  military  eatabliah- 

mcnt dV 

officers;  their  pay  and  allowances, 99-J0(» 


INDEX 


TO    THE 


FOKEGOING    PRIVATE    A()TS    AND    KKSOLUTIONS 


OF    THE   CONFEDERATE    STATES. 


Accountt,' 

of  Dillon    Jordan    and    F.    Glackmycr   for 

postal  services,  to  be  audited, 

Appropriations, 

for   the    relief    of    the    Mobile   and    Great 
Northern  Railroad  Company, 


B. 


Tinrker,    Wifliam  P., 

authorized  to  file  specifications  of  his  inven- 
tion,  

the  same  to  operate  as  a  caveat, 


284 


285 


c. 

Caveat,  ^ 

specification  of    invention    of    William    V. 

Barker  to  operate  a*  a  caveat, 97 

J.  M.  M'alden  authorized  to  file  a  caveat  for 
the  protection  of  his  improvement  in  rail- 
road switches, 97 

Oo7)ipensaiion, 

of  G.  H.  Oury,  delegate  from  Arizona, 285 

of  Djllon   Jordan    and    F.    Glackmyer,  for 

services  rendered  the  gov^crnment, 286 

Congress, 

pay  and  mileage  allowed  delegates  from 
Arizona, 285 


D. 


[Juties, 

A.  B.  Noycs  collector  of  the  port  of  St. 
Marks,  Florida,  allowed  a  credit  on  ac- 
count of  duties  on  acargo  of  railroad  iron, 


G. 


(ilnckmt/er,  F., 

account  of,  for  postal  services,  to  be  audited, 
compensation  for  services  rendered  the  gov- 
ernment,  


Ittgrahoin,  .1.  1)., 

to  be  paid  certain  travelling  expenses, 98 

Iron, 

disposition  of  certain  railroad  iron  intended 
for  the  Jloinphis,    El    Paso  and   Pacific 

railroail  company, Iii6 

credit  allowed  A.  B.  Xoyes,  collector  of  port 
of  St.  Marks,  Florida, on  account  of  duties 
on  cargo  of  railroad  iron, 285 


J. 


Jordan,  Di/lnn, 

account  of,  for  postal  service  to  be  audited,  2>ii 
compensation  for  services  fendcred  the  gov- 
ernment, .  286 

Jumper,  John, 

principal    chief    of    Seminole   nation ;    his 
loyalty  rewarded, 234 


285 


284 


M. 


Melfiu,  Samuel,  deceased, 

his  widow  to  be  paid   for   certain  services 

rendered  by  the  decedent 2Sfi 

MeiDphlx,  El  I'finn  and  I'acific  liailroad  Compani), 
authorized    to    take    possession   of  certain 
railroad  iron  intended  for  said  coin))any, 
upon  piiyment  of  duty  and  lawful  cliargcs.  166 
Micco,  Jfeniho, 

principal  chief  of  the  Sominolo  nation :  his 

loyalty  rewarded, 284 

Mihage, 

of  G.  II.  Oury  delegate  from  Arizona, 285 

Mobile  and  (inut  \tirtliern  Railroad  Coiiijiani/, 

appropriation  for  the  relief  of, 2$!^ 


N. 


yaral  Djlicci', 

certain  naval  officers  to  ho  paid   their  trav- 
286  fcling  expenses, ^ 


xlviii 


INDEX. 


Nnvif,  Secritufy  of  the. 

to  pay  cerlain  n;iial  tiffic<;r.i  (heir  tn»veiing 

expenses, it8 

,V",i,"«,  A.  B., 

collector  of  the  port  of  iSt.  Marks,  Florida, 
allowed  a  credit  for  aud  on  aocount  of  the 
duties  aceriiin;r  upon  a  certain  cargo  of 
iron,..;. 2)i^ 


0. 


pay  and  mil«af(o  of,  an  ilelegi»t«  from  Ari- 
ziioa.  fi'V  Ijis  iUtfeU'lauo'vN 


Pngtinti'lcf  Genrro!, 

to  CHiisc,  tlie  su'counis  of  Dillon  Jordan  uviil 
F.  Glafkmyer,  for  postal  eervjces,  to  be 
audited, 284 

to  make  rep.ort  thereof  to  Conjirc.-s 284 

R. 


lldilroads. 

api  ro[)riiition    for  the   relivf  of  tht;  Mobile 
arid  <ireat  Northern  niilroad  company,...   285 
Jitiiiilolph,   Victor  J/., 

to  be  pai.!  certain  travsling  expensei!, 98 

J^exohttiotu, 

for  the  relief  of  J.  M.  Wnlden.  a  citizen  of 
(iieorgia, >7 


/ieaofutioiiH,  (continued.) 

to  pay  certain  naval  officers  their  trareling 

expenses, „ OS 

ill  relation  to  pay  to  disbursing  clerk  of  ap- 
propriation for  removal  of  seat  of  gov- 
ernment,    2Sf 


s. 


Stat  of  Government, 

comuiiftee  on  removal  of,  to  pay  the  widow 
of  Siiuiuel  Melvin,  deceased,  for  services 

rendered  by  the  decedent, 288 

Sciniiiole  Action,  ^ 

loyally  of  Hemha  Mieco,  or  John  Jumper, 

principal  chief  of,  rewarded, 284 

Simine",  linpheal, 

tu  be  paid  certain  traveling  expenses, 98 


T. 


Tutuidl.  Jdfeph, 

J  tfi  be  paid  certain  traveling  expenses, iS 

I   Travelitii/  E.ipenees, 

)  certain  naval  officers  to  be  paid  their  travel- 

/  intr  expenses,  9S 


w. 


Wixideii,  J.  M., 

authorized  to  file  a  caveat,  Ac,  for  the  pro- 
tectinn  of  his  improvement  in  railroiwJ 
swiiches, 


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